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Effective: December 1, 2006 |
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16.05.10ar1 - Establishing Paternity (Archive) |
Archived: September 1, 2009 |
When a married couple has a child, the law automatically recognizes the husband as the child's legal father and parentage does not need to be determined. However, if a mother is not married when the child is born, the child does not have a legal father.
The action taken to determine the legal father of the child is called ”establishing paternity.” If paternity is established, the child may benefit in a number of ways, including a relationship with the father and financial support.
When to Make a Paternity Referral.
Paternity Referral Not Required.
Referrals for Deceased Parents.
Paternity can be established either through a court order or by both parents signing a Recognition of Parentage (ROP) (DHS-3159). The ROP can only be signed after the child's birth. Both parents' signatures must be notarized. The ROP has been accepted as a legal showing of paternity since 08/01/95.
Note: Before August 1, 1995, the Declaration of Parentage (DOP) served as an acknowledgement of paternity but does not serve as a legal establishment.
More information about how paternity is established is available in the handbook, "Being a Legal Father" (DHS-3159a).
When to Make a Paternity Referral
Caretakers must cooperate with establishing paternity if they are requesting health care coverage for themselves (unless they have good cause for non-cooperation). Make a referral to the IV-D Agency to establish paternity in either of the following situations:
l There is no ROP or court order establishing paternity.
Note: If only a DOP has been signed, the parents may choose to sign a ROP.
l Both the mother and the alleged father live in the home, but paternity has not been legally established. Make the referral even if the alleged father is part of the household and his income is counted toward the children's eligibility. Note on the referral form that the father's income is being counted.
Example:
Tyesha applies for MinnesotaCare for herself and her son Dante. She was not married to Dante's father and has not talked to him for several years. There is no ROP or paternity order.
Action:
Make a referral to IV-D.
Example:
Rhonda applies for MA for herself and her daughter, Selena. She and Selena's father recently separated after living together for several years. They signed a ROP when Selena was born, but there is no court order for medical support.
Action:
Make a referral to IV-D.
Paternity Referral Not Required
A medical support referral to establish paternity is not required in any of the following circumstances:
l The parents were married when the child was born.
l The caretaker is not receiving or requesting MA or MinnesotaCare.
l An unmarried father lives with the child and there is a court order establishing paternity, or, the parents have signed a ROP.
Note: Count the father's income and assets toward the child and/or mother's eligibility according to program provisions. See Household Composition.
Referrals for Deceased Parents
There may be cases in which a paternity referral should be made even if the absent parent is deceased.
l If the mother is the custodial parent and the alleged father is deceased, make a referral to the IV-D agency. There may be financial or other benefits available to the child.
l Establishment of maternity is not a requirement, so if the mother is deceased, a referral to IV-D is not needed.
For further information, see:
When to Refer for Medical Support.