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In the landscape of family law in Indiana, establishing paternity plays a pivotal role in defining the legal relationship between a father and his child. The Indiana Paternity Affidavit 44780 form emerges as a crucial document in this context, offering a straightforward path for acknowledging paternity at the time of a child's birth. This compulsory procedure not only solidifies a father's responsibilities and rights but also unlocks vital benefits for the child, including financial support, access to family medical history, and eligibility for health insurance and inheritance. While navigating the completion and submission of this form, parents engage with a process that impacts child support calculations, custody arrangements, and visitation rights, thereby laying a foundation for the child's welfare and the involved parties' legal obligations. It epitomizes an important initial step in affirming a father's commitment to his child, underscoring the legal acknowledgment of paternity as more than just a formality; it is an act that carries profound implications for the family's future.

Preview - Indiana Paternity Affidavit 44780 Form

PATERNITY AFFIDAVIT – HOSPITAL USE

State Form 44780 (R7 / 11-17)

INDIANA STATE DEPARTMENT OF HEALTH

Local Health Department Number

File Date (mm/dd/yyyy)

State File Number

 

 

 

Reset Form

Statutory Authority IC 16-37-2 Confidential: IC 16-37-1-10

PA Number

Before I signed any section of this affidavit I was allowed to review it alone and without the presence of the person listed in Section B. Also, I was given the opportunity to consult with an adult of my choosing.

Signature of Mother

Before I signed any section of this affidavit I was allowed to review it alone and without the presence of the person listed in Section C. Also, I was given the opportunity to consult with an adult of my choosing.

Signature of Father

SECTION A – ACKNOWLEDGEMENT OF PATERNITY

We, ____________________________________________ and ____________________________________________ have read and understand the

Father’s full legal name

Mother’s full legal name

consequences, alternatives, rights and responsibilities regarding this affidavit and being duly sworn upon oath depose and say:

I, ______________________________________ am the biological father of _________________________________________, the Child referred to in

Father’s full legal nameChild’s full name at birth – last name same as Mother

SECTION D of this affidavit who was born on __________________ in ________________________ at ________________________, ____________

(mm/dd/yyyy)CityCountyState

________________________________________________________________________________________________________________________.

Hospital or address of location of birth

I, ___________________________________________ whose maiden name is ___________________________________________, am the mother

Mother’s full legal nameMother’s full maiden name

of the child referred to in Section D of this affidavit and that ____________________________________________ is the biological father of that child.

Father’s full legal name

Therefore, I wish for the birth certificate to identify him as the father.

SECTION B – BIOLOGICAL FATHER’S FACTS OF BIRTH

Full Legal Name

 

 

Social Security Number (Pursuant to IC 16-37-2-2.1 (e)(2)(B))

 

Race (optional)

 

 

 

 

 

 

 

 

 

 

Date of Birth (mm/dd/yyyy)

 

Place of Birth (city, state,

and county)

 

 

 

 

 

 

 

 

 

 

 

Current Address (number and street, city, state, and ZIP

code)

 

 

 

 

 

Telephone number

 

 

 

 

 

 

 

 

(

)

Name of employer (optional)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Address of employer (number and street, city, state, and ZIP code) (optional)

 

 

 

 

 

 

 

 

 

 

 

 

 

Policy number (optional)

 

 

Medical insurance company (optional)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SECTION C – BIOLOGICAL MOTHER’S FACTS OF BIRTH

 

 

Full Legal Name

 

 

Social Security Number (Pursuant to IC 16-37-2-2.1 (e)(1)(B))

 

Race (optional)

 

 

 

 

 

 

 

 

 

Date of Birth (mm/dd/yyyy)

 

Place of Birth (city, state,

and county)

 

 

 

 

 

 

 

 

 

 

 

Current Address (number and street, city, state, and ZIP

code)

 

 

 

 

 

Telephone number

 

 

 

 

 

 

 

 

(

)

Name of employer (optional)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Address of employer (number and street, city, state, and ZIP code) (optional)

 

 

 

 

 

 

 

 

 

 

 

 

 

Policy number (optional)

 

 

Medical insurance company (optional)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SECTION D – CHILD’S NAME ON INDIANA CERTIFICATE OF BIRTH

 

 

It is our mutual desire that the name of our child on the Indiana Certificate of Birth shall be recorded as:

 

 

 

 

 

 

 

 

 

 

 

First

 

Middle

 

 

 

Last

 

 

 

 

 

 

 

 

 

 

Gender of Child

 

 

 

If known, last four (4) digits

child’s Social Security Number

 

 

Male

Female

Not Determined

 

 

 

X X X - X X -

 

 

Page 1 of 2

Local Health Department Number

File Date (mm/dd/yyyy)

State File Number

PA Number

SECTION E – NOTICE OF CONSEQUENCES, ALTERNATIVES, RIGHTS AND RESPONSIBILITIES

By signing this affidavit, I acknowledge that I have read and understand all of the following:

1.A man should NOT sign this form if he is not sure he is the biological father. I may seek a genetic test before signing this form. Signing a Paternity Affidavit is voluntary. I may not be able to reverse paternity and the legal responsibilities of support associated with it, once I sign a Paternity Affidavit.

2.I may sign a Paternity Affidavit at the local Health Department at any time before the child’s emancipation, as long as there is no father listed on the birth certificate.

3.A woman who knowingly or intentionally falsely names a man as the child’s biological father commits a Class A misdemeanor.

4.I received both written and verbal information about the legal effects of signing a Paternity Affidavit.

5.Since this form has legal consequences, I may want to consult an attorney before signing.

6.This affidavit is void if signed more than seventy-two (72) hours after the birth of the child or if signed after the mother has executed a consent to adoption and a petition to adopt has been filed.

7.If I am the presumed father and do not establish paternity now, but want the right to notice and a hearing regarding any adoption of the child, I must register with the Indiana Putative Father Registry through the Indiana State Department of Health.

8.If the mother is receiving or plans to receive public assistance (TANF or Medicaid), she may be required to cooperate in establishing paternity and obtaining a support order or face losing those benefits.

9.If I do not sign a Paternity Affidavit and am unsure about the paternity of the child, I may contact the Prosecuting Attorney’s office in my county for help establishing paternity. They will help arrange tests to establish paternity.

10.The custodial party may contact the Prosecuting Attorney’s Office in their county for the child support services below through the IV-D program.

●

Establishing paternity

●

Getting a court order for the payment of child support and medical support

●

Finding the absent parent

●

Enforcing child support and medical support orders

11.The completion of this legal document establishes paternity with no further court action required and gives the mother or the IV-D agency the right to obtain a child support order requiring the father to pay support.

12.The father will have parenting time as outlined by the Indiana Parenting Time Guidelines, unless a court rules differently. See www.in.gov/judiciary/rules/parenting.

13.A man has the right to withdraw/rescind his acknowledgment of paternity only within sixty (60) days of the date the Paternity Affidavit is completed. To do so he must file an action in a court with jurisdiction over paternity and may need to submit to and pay for genetic testing per IC 16-37-2-2.1(k- l). After sixty (60) days the father may not be able to reverse paternity, even if genetic tests prove he is not the biological father.

Signature of Mother

Signature of Father

Date (mm/dd/yyyy)

Date (mm/dd/yyyy)

SECTION F – ESTABLISHMENT OF JOINT LEGAL CUSTODY

If both mother and father agree, they may complete this section of the Paternity Affidavit to elect to share joint legal custody of the child named in Section D. Joint legal custody means both mother and father share authority and responsibility for the major decisions concerning the child’s upbringing, including the child’s education, health care and religious training. Also mother and father have equal access to the child’s school and medical records.

(Both signatures are required to share joint legal custody.)

1.

I wish to share joint legal custody of this child with the father listed in Section B of this affidavit.

Signature of Mother (go to 2, then 3): ____________________________________________________

I wish to share joint legal custody of this child with the mother listed in Section C of this affidavit. Signature of Father (go to 2, then 3): _____________________________________________________

2.If you have chosen to share joint legal custody, the mother still has primary physical custody of the child unless another determination is made in a

court proceeding under Indiana Code 31-14.

Initials of Mother: _________ Initials of Father: _________

3.If you agree to share joint legal custody, you MUST submit the results of a genetic test, performed by an accredited laboratory no later than sixty (60) days after the child’s birth, that indicate the father listed in Section B is the biological father of the child. Otherwise, your agreement to share joint legal custody will be void. However the establishment of paternity IS still VALID. Initials of Mother: _________ Initials of Father: _________

4. I do NOT wish to share joint legal custody of this child and I understand this affidavit may still be used to establish paternity if the other sections are properly completed. (Only one signature is required but both may sign.)

Signature of Mother (go to 5): ____________________________________________________

Signature of Father (go to 5): ____________________________________________________

5.If you have chosen NOT to share joint legal custody, the mother has SOLE legal custody unless another determination is made in a court proceeding under Indiana Code 31-14. However the establishment of paternity (SECTIONS A - E) IS still VALID.

Initials of Mother: _________ Initials of Father: _________

Subscribed and sworn to before me, the undersigned, a Notary Public, in and for said county, this ________ day of _______________, 2________.

Signature of Notary

Printed Name of Notary

My Commission Expires (mm,dd,yyyy)

County of Residence

Page 2 of 2

Download Indiana Paternity Affidavit 44780 PDF Form

Form Data

Fact Name Detail
Purpose Establishes legal paternity for a child born out of wedlock in Indiana.
Governing Law Indiana Code Title 31, which addresses family law and juvenile law, including sections specific to the establishment of paternity.
Signatories Both the mother and the alleged father must sign the affidavit to voluntarily acknowledge paternity.
Where to File The completed and signed form is filed with the local health department or the vital records office in Indiana.
Consequences of Signing Signing the affidavit legally establishes the man as the child's father, conferring rights and responsibilities, including but not limited to child support obligations and rights to visitation and custody.

Instructions on Utilizing Indiana Paternity Affidavit 44780

Establishing paternity is a significant step for any child, ensuring they have access to rights, benefits, and important family connections. The Indiana Paternity Affidavit 44780 form is a crucial document in this process, allowing parents to acknowledge paternity without going to court. Properly completing this form is essential for it to be legally valid. Careful attention to detail and understanding each section will help parents navigate this process smoothly and efficiently.

Steps for Completing the Indiana Paternity Affidavit 44780 Form

  1. Begin with personal information: Fill in the child's full name, date of birth, place of birth, and sex as requested in the top section of the form.
  2. Enter the mother's details: Provide the mother's full legal name, including her maiden name, address, Social Security number, date of birth, and contact information.
  3. Add the father's information: Similar to the mother's section, include the father's full legal name, address, Social Security number, date of birth, and contact details.
  4. Relationship status: Indicate the mother and father's relationship status at the time of the child's birth and currently, if applicable.
  5. Vital statistics: Fill in details concerning both the mother's and father’s ethnic background and highest level of education for statistical purposes.
  6. Signature section: Both parents must read the acknowledgment and understand the legal implications of signing the form. Check the boxes that apply regarding paternity establishment and legal advice.
  7. Witness verification: The form requires a witness to sign and date, verifying that both parents completed the form freely and voluntarily.
  8. Official use: Leave the sections designated for official use blank, as these will be filled out by the relevant state department or agency processing the form.

Once completed, this document must be filed correctly according to Indiana state guidelines. It can either be submitted at the hospital at the time of the child's birth or later through the local health department or child support office. Understanding the importance of each step ensures the document is filled out correctly, allowing the paternity establishment process to proceed without unnecessary delays.

Obtain Answers on Indiana Paternity Affidavit 44780

  1. What is the Indiana Paternity Affidavit 44780 form?

    The Indiana Paternity Affidavit 44780 form is a legal document used in the state of Indiana. It allows a man to acknowledge paternity, meaning he is declaring himself the legal father of a child. This document is often completed at the hospital shortly after a child’s birth but can also be completed later. Completing this form has significant legal implications, including responsibilities for child support and rights to custody and visitation.

  2. Who should complete the Indiana Paternity Affidavit 44780 form?

    Any man who wants to establish himself as the legal father of a child and who is not married to the child’s mother should complete the form. It's crucial that both the mother and the presumed father are in agreement and fully understand the legal implications before signing the affidavit.

  3. When should the Indiana Paternity Affidavit 44780 form be filed?

    The form can be filled out and filed any time after the child’s birth. However, completing it at the hospital right after the child is born is a common practice. Delaying the process can complicate establishing paternity later on.

  4. Where do I submit the completed Indiana Paternity Affidavit 44780 form?

    Once completed, the form should be submitted to the local health department or the Indiana State Department of Health. These agencies are responsible for recording the paternity affidavit and updating the child’s birth record accordingly.

  5. Is there a fee for filing the Indiana Paternity Affidavit 44780 form?

    No, there is no fee for filing this affidavit in Indiana. This process is provided as a free service by the state to help ensure that children’s paternity is legally established, which is important for a variety of legal, social, and health reasons.

  6. What information is needed to complete the form?

    To fill out the Indiana Paternity Affidavit 44780 form, you will need specific information about both the child and the parents. This includes full names, addresses, social security numbers, and dates of birth. Detailed instructions are provided on the form to guide you through the process.

  7. What happens if the mother or the presumed father has doubts about paternity?

    If either the mother or the presumed father has any doubts about the paternity of the child, it is strongly recommended not to sign the affidavit. Instead, parties should seek a paternity test to establish biological paternity. Signing the affidavit while having doubts could lead to legal and financial obligations that are difficult to reverse.

  8. Can the Indiana Paternity Affidavit 44780 form be revoked?

    Yes, the affidavit can be rescinded by either parent. To do this, one must file a rescission form with the Indiana State Department of Health within 60 days of the date the paternity affidavit was filed. After this period, challenging the affidavit requires a court order, which usually necessitates proof of fraud, duress, or material mistake of fact.

Common mistakes

Filling out the Indiana Paternity Affidavit 44780 form is a critical step that establishes legal fatherhood and can have significant implications for parental rights, child support, and other legal matters. However, mistakes while completing this form can lead to complications and delays. Below are six common mistakes to avoid:

  1. Not reviewing the form for accuracy before submission. People often rush through paperwork, missing essential details or providing incorrect information. Every piece of information entered on the form should be double-checked for accuracy to prevent legal issues down the road.

  2. Failing to use full legal names. Using nicknames or omitting middle names can create identification problems. It's crucial to use the full legal name as it appears on official identification for both the child and the parents.

  3. Overlooking the need for notarization. The form requires notarization to be legally valid, yet people sometimes skip this step. Not having the affidavit notarized can invalidate the document, necessitating a redo and causing delays in establishing paternity.

  4. Misunderstanding legal implications. Some individuals may not fully understand the legal implications of signing the affidavit, such as the establishment of child support obligations and parental rights. It’s important to comprehend all consequences or seek legal advice if there are uncertainties.

  5. Incomplete sections or unanswered questions. Leaving sections incomplete or questions unanswered can lead to the affidavit being returned or not processed. It is important to review the entire document and answer all questions thoroughly.

  6. Assuming immediate legal rights. Signing the affidavit establishes paternity but does not automatically grant custody, visitation rights, or decision-making authority over the child. Additional legal steps must be taken to secure these rights.

Avoiding these mistakes can help ensure the paternity affidavit is processed smoothly and correctly, establishing paternity without unnecessary hurdles.

Documents used along the form

Establishing paternity is a crucial step for parents who are not married in Indiana, as it has significant legal implications on child support, custody, and visitation rights, among other aspects. The Indiana Paternity Affidavit, Form 44780, serves as the foundation for acknowledging paternity. However, accompanying this form, several other documents are commonly used to ensure all legal bases are covered. The following documents complement the Indiana Paternity Affidavit, each with its unique purpose in the broader context of paternity establishment.

  • Child Support Worksheet: This document is essential for calculating the appropriate amount of child support that one parent should pay to the other. It takes into account both parents' incomes, health insurance premiums, and daycare costs, giving a fair basis for child support arrangements.
  • Voluntary Custody Agreement: For parents who are able to reach an amicable custody arrangement, this legal document outlines the terms of custody, including physical and legal custody specifics. It fosters a cooperative approach to parenting, allowing both parents to have a formal agreement without court intervention.
  • Birth Certificate Request Form: After establishing paternity, it's often necessary to update or obtain a new birth certificate reflecting the father's name. This form is submitted to the vital records office of the state or locality where the child was born.
  • Petition for Parenting Time: In cases where the parents cannot agree on visitation rights informally, one parent may need to file this petition to seek a court-ordered parenting time schedule. It ensures that the non-custodial parent has legally defined visitation rights, providing a structured approach to maintaining a relationship with the child.

Together with the Indiana Paternity Affidavit, these documents form a comprehensive legal framework to manage the responsibilities and rights of parenthood outside of marriage. They each address different aspects of parental rights and child welfare, ensuring that all parties involved have clear understandings and agreements that are recognized by law. Navigating these documents successfully requires attention to detail and, often, guidance from legal professionals to ensure that the interests of the child and the rights of the parents are adequately protected.

Similar forms

  • Acknowledgement of Paternity Form: Across various states, the Acknowledgement of Paternity Form is closely related to the Indiana Paternity Affidavit 44780 form. Both documents serve a similar legal purpose – to establish the paternity of a child. This formal recognition allows the father's name to be added to the birth certificate and grants him legal rights and responsibilities towards the child.

  • Birth Certificate Application: This document shares similarities with the Indiana Paternity Affidavit 44780 form as both are vital in the process of legally recognizing familial relationships. The Birth Certificate Application, coupled with a paternity affidavit, enables the father's name to be officially recorded on the birth certificate, thus acknowledging paternity at the time of birth registration.

  • Voluntary Paternity Acknowledgment Program Forms: Utilized in some states, these forms are designed to facilitate the voluntary acknowledgment of paternity, akin to the Indiana Paternity Affidavit 44780 form. They provide a legal basis for establishing paternity without the need for a court order, typically involving both parents agreeing to the paternity and signing the form in the presence of a witness or notary.

  • Child Support Modification Forms: While primarily used for altering the terms of child support, Child Support Modification Forms are related to the Indiana Paternity Affidavit 44780 form in terms of acknowledging legal paternity. Acknowledgment via the paternity affidavit often precedes modifications in child support since paternity must be legally established before any financial responsibilities can be determined or altered.

  • Family Law Petitions for Paternity: These legal documents bear resemblance to the Indiana Paternity Affidavit 44780 form as they are also used to establish paternity. However, unlike voluntary affidavits, Family Law Petitions for Paternity are filed with a court, often initiating a legal process that may include DNA testing to ascertain paternity. This method is generally pursued when paternity is disputed or not acknowledged voluntarily.

  • Declaration of Parentage Forms: Serving a similar purpose as the Indiana Paternity Affidavit 44780 form, Declaration of Parentage Forms are legal documents that formally establish a child's parentage. These are especially relevant in situations where parents are unmarried, facilitating the legal recognition of a parent and child relationship, thereby allowing for rights and duties to be assigned accordingly.

Dos and Don'ts

Filling out the Indiana Paternity Affidavit (Form 44780) is an important step in establishing paternity for a child born outside of marriage. This legal document has implications for both the rights and responsibilities of parents, including child support, custody, and visitation. Below are essential dos and don'ts to guide you through the process:

Do:
  1. Read the instructions carefully before beginning. Understanding each section will help ensure that all necessary information is accurately provided.
  2. Gather all necessary documents beforehand. This might include identification for both parents, such as a driver’s license or state ID, and possibly the child’s birth certificate, if already issued.
  3. Print legibly in black ink. This ensures that the information is readable and decreases the chance of errors during processing.
  4. Provide accurate information. The details you give, from names to addresses, must be correct to avoid legal issues down the line.
  5. Review the form for errors. Before signing, double-check each entry for mistakes or omissions.
  6. Understand the legal implications. Acknowledging paternity affects legal responsibilities towards the child including support, inheritance rights, and custody.
  7. Keep a copy of the completed form. Having a record for your own files is important, should any questions or disputes arise later.
Don't:
  1. Sign the affidavit if you have doubts about paternity. Once signed, you may be legally obligated as the father, with all associated responsibilities.
  2. Use white-out or make alterations on the form. Mistakes should be cleanly crossed out with a single line, and the correct information written nearby.
  3. Leave sections blank. If a question does not apply, it is better to write “N/A” to indicate this, rather than leaving it empty.
  4. Rush through the form. Taking your time to fill out the affidavit correctly is crucial to avoid problems later on.
  5. Forget to date and sign the form. An unsigned or undated form is invalid and will be returned, delaying the process.
  6. Handle disputes with the other parent on the form. This document is not the place for airing grievances or legal issues between parents. Focus solely on the information requested.
  7. Submit without verifying with the other parent (when possible). If circumstances allow, reviewing the form together can prevent discrepancies and promote agreement on the content.

Misconceptions

Understanding the Indiana Paternity Affidavit (Form 44780) is crucial for new parents. However, there are common misconceptions surrounding this document. Clarifying these can help ensure that parents make informed decisions regarding the establishment of paternity.

  • Signing is mandatory right after birth: Many believe that the affidavit must be signed immediately after the birth of the child. However, this document can be signed at any time before the child turns 18. This allows parents time to make an informed decision.
  • It establishes legal rights beyond paternity: Some people think that signing the affidavit grants the father not only paternity but also custody and visitation rights. In reality, the form primarily establishes paternity and the potential financial responsibilities of the father. Custody and visitation rights require additional legal processes.
  • Only the father needs to sign: It's often misunderstood that only the father's signature is required. Actually, both parents must sign the affidavit for it to be considered valid and legally binding.
  • No legal advice is needed before signing: Given the legal implications of this document, consulting with a legal professional before signing is wise. This step is often overlooked, leading to misunderstandings about the affidavit's impact on parents' rights and responsibilities.
  • It's difficult to challenge paternity after signing: Some believe that once the affidavit is signed, challenging paternity is nearly impossible. While challenging paternity can be complex, avenues exist for contesting it under certain conditions, such as through DNA testing.
  • Paternity establishment is automatic if not married: There's a misconception that if parents are not married, paternity is automatically established when the father's name is entered on the birth certificate. Contrary to this belief, signing the paternity affidavit is required to legally establish paternity, regardless of the father's name being on the birth certificate or not.
  • Signing the affidavit affects child support immediately: Many parents think that signing the affidavit will immediately impact child support payments. In reality, establishing child support obligations is a separate process that may or may not follow the signing of the affidavit.
  • A mother can file the affidavit without the father's consent: A common misconception is that a mother can file the affidavit on her own without the father's agreement. Both parents must agree and sign the affidavit for it to be legally valid. In cases where the father does not consent, paternity may need to be established through the court system.
  • The affidavit only benefits the child financially: Lastly, some believe the affidavit's sole purpose is to benefit the child financially through child support. While financial support is a significant aspect, legally establishing paternity also affords the child inheritance rights, access to medical histories from both parents, and eligibility for benefits, like Social Security and health insurance from the father.

Key takeaways

Filling out the Indiana Paternity Affidavit (Form 44780) is a significant step for parents in acknowledging or establishing paternity. Here are key takeaways to ensure the process is accurately and effectively completed:

  • Understanding the purpose: The Indiana Paternity Affidavit serves as a legal document used by unmarried parents to establish the paternity of a child. This is crucial for determining the father's rights and responsibilities.

  • Timing is key: This form should ideally be completed at the hospital immediately following the birth of the child. However, it can also be filled out later at a local health department or through the court.

  • Accuracy is essential: Ensure all the information provided on the form is accurate. Mistakes can lead to legal complications and may require a legal process to correct.

  • Both parents must sign: For the affidavit to be valid, both the mother and the father must sign the form in the presence of a notary public or other qualified witness.

  • Understanding the implications: Signing the affidavit establishes legal paternity. It affects child support, custody, and visitation rights. Therefore, it's important to fully understand the legal implications before signing.

  • Voluntary action: Filling out the Paternity Affidavit is voluntary. Parents should not feel pressured and are encouraged to seek legal advice if they have questions or concerns.

  • There's a rescission period: Parents have the right to rescind (or cancel) the affidavit within 60 days of signing or before a court order related to the child is entered, whichever comes first.

  • Seek legal advice if in doubt: Since the form has significant legal implications, seeking legal advice from a knowledgeable attorney if there are any uncertainties or questions is highly recommended.

Paying attention to these key points when filling out and using the Indiana Paternity Affidavit can help ensure the process goes smoothly for all parties involved.

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