Iowa Petition By Father of Minor Child For Voluntary Legitimation

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Multi-State
Control #:
US-01008BG
Format:
Word; 
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Description

Legitimation is the voluntary act or process of legitimating a child born out of wedlock. It exists solely as a result of the law and policy of each jurisdiction and statutes must be construed and given effect according to the construction of the courts and legislatures of such states. Depending on the jurisdiction, legitimation may be accomplished by petition in a judicial proceeding or by legal recognition (e.g., by affidavit) of the illegitimate by the parent, or by either method.

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FAQ

However, there may be circumstances where a mother refuses to add the father to a birth certificate. If that happens, the law does not allow the father the right to have contact with the child, or to make decisions for the child (these things may still happen, but it would be entirely up to the mother).

Only the Iowa Department of Public Health has the authority to enter the father's information on the birth certificate after a paternity affidavit or other legal court order has been submitted to the state Vital Records office. ?144.40 Paternity of children?birth certificates.

However, there may be circumstances where a mother refuses to add the father to a birth certificate. If that happens, the law does not allow the father the right to have contact with the child, or to make decisions for the child (these things may still happen, but it would be entirely up to the mother).

By signing a baby's birth certificate, a father acknowledges his legal relationship with the child. But whether by choice or circumstance, a father whose name is not listed on a birth certificate does not have any legal rights to a child. This includes asking for custody, visitation, or child support.

Parents can legally establish the paternity of a child born out of wedlock by signing a paternity affidavit and filing it with the Iowa Department of Health and Human Services. The paternity affidavit is a free form parents complete and file with the Bureau of Health Statistics (BHS) to legally establish paternity.

In summary, unmarried fathers have equal legal rights to the child as the mother does, but they have to work to establish those rights if the child is born outside of marriage.

Paternity affidavits can be completed at the hospital at the time of birth, the local county recorder office (.goo.gl/sVidtF), or a local Child Support Recovery Unit (CSRU) office (.goo.gl/TLHYG1).

Yes, Iowa has a paternity registry, or putative father registry, which is a system that allows fathers to voluntarily acknowledge paternity of children born outside of wedlock in order to protect their parental rights.

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Iowa Petition By Father of Minor Child For Voluntary Legitimation