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Outline

In the State of Nevada, the Declaration of Paternity form serves as a pivotal legal document designed to establish paternity for children born to unmarried parents. By completing this form, both the mother and the alleged father acknowledge their roles and responsibilities towards the child, including but not limited to financial support, healthcare provision, and rights concerning custody and visitation. This document, which must be filled out in black ink and witnessed, requests detailed information about the child, the parents, and their respective backgrounds, necessitating careful attention to accuracy and truthfulness. The form also allows for the child's name to change from what was initially listed on the birth certificate, provided that this alteration is made at the time of the declaration—a subsequent name change would require a court order. Furthermore, by signing the declaration, parents waive their right to a paternity trial and genetic testing while accepting a suite of obligations, including child support until the child reaches adulthood. It also outlines the conditions under which paternity acknowledgment can be contested, mainly through fraud, duress, or material mistake of fact. However, after a 60-day period post-filing, or once the signing party turns 18 (whichever is later), the declaration solidifies the legal determination of paternity, subjecting it to revocation only under specific circumstances and through a court order. Thus, this document represents more than a mere formality; it is a binding agreement that formally recognizes and codifies the responsibilities and rights of parenthood under Nevada law. Once signed and witnessed, the form—along with the $40 processing fee—must be sent to the Nevada Office of Vital Records for official filing, marking a crucial step in affirming the legal relationship between a father and his child.

Sample - Nevada Declaration Of Paternity Form

State of Nevada

Declaration of Paternity

THIS IS A LEGAL DOCUMENT. TYPE OR PRINT IN BLACK INK. Parents are to be given a copy of this completed

document prior to sending to the Office of Vital Records (see bottom of page).

PLEASE READ PAGE 2 BEFORE COMPLETING.

SECTION A ALL PARTS OF SECTIONS A & B MUST BE COMPLETED AND SECTION D WITNESSED

NAME OF CHILD – FIRST

MIDDLE

LAST

Child

 

 

 

 

 

 

 

 

SEX OF THE CHILD

DATE OF BIRTH (Month, Day, Year

 

 

 

 

 

 

HOSPITAL NAME

 

CITY

Place of Birth

 

 

 

 

COUNTY

STATE

 

 

 

 

 

 

NAME OF FATHER – FIRST

MIDDLE

LAST

Father’s

 

 

 

Information

 

 

 

DATE OF BIRTH (Month, Day, Year)

SOCIAL SECURITY NUMBER

STATE OR FOREIGN COUNTRY OF BIRTH

 

 

 

 

 

CURRENT ADDRESS (Number, Street, City, State Zip)

 

 

 

 

 

 

NAME OF MOTHER – FIRST

MIDDLE

LAST

Mother’s

 

 

 

DATE OF BIRTH (Month, Day, Year)

SOCIAL SECURITY NUMBER

STATE OR FOREIGN COUNTRY OF BIRTH

Information

 

 

 

 

 

 

 

 

CURRENT ADDRESS (Number, Street, City, State Zip)

 

SECTION B As part of the filing procedure the child’s name may be changed at this time from the name appearing on the original birth certificate. A name change requested after this declaration is filed may require a court order. No white-out, erasures or cross-outs will be allowed in this section.

First

Middle

Last

SECTION C

READ OTHER SIDE BEFORE SIGNING

 

 

 

I declare under the penalty of perjury that:

 

I declare under the penalty of perjury that:

 

O

The information I have provided is true and correct.

O

The information I have provided is true and correct.

O

I am the legal father of the child named on this declaration.

O

I am the natural mother of the child named on this

O

I have read and understand the rights and responsibilities

 

declaration.

 

 

described on the back of this form.

 

O

The man signing this form is the only possible father of this

O

I have been orally/audio informed of my rights and

 

child.

 

 

responsibilities.

 

O

I have read and understand the rights and responsibilities

O

I understand that by signing this form I voluntarily consent

 

described on the back of this form.

 

 

to the establishment of paternity and accept all of the rights

O

I have been orally/audio informed of my rights and

 

and responsibilities as the legal father of this child.

 

responsibilities.

 

O

I wish to be added to the child’s birth certificate.

O

I understand that by signing this form I am establishing the

O

A genetic test has not determined that another man is the

 

man signing this form as the legal father of this child with all

 

legally presumed father of this child.

 

 

the rights and responsibilities of a legal father.

 

O

There is no court order or other Acknowledgment of

O

I consent to adding the name of the man signing this form to

 

Paternity form naming another man as the legal father of

 

the birth certificate of the child’s birth certificate

 

this child.

 

O

A genetic test has not determined that another man is the

 

 

 

 

 

legally presumed father of this child.

 

 

 

 

 

O

There is no court order or other Acknowledgment of

 

 

 

 

 

Paternity form naming another man as the legal father of

 

 

 

 

 

this child.

 

SIGNATURE OF FATHER

DATE SIGNED

SIGNATURE OF MOTHER

DATE SIGNED

WITNESS OF FATHER’S SIGNATURE

DATE SIGNED

WITNESS OF MOTHER’S SIGNATURE

DATE SIGNED

Once this document is signed by all parties, please provide copies to the mother, father and hospital. The original document must be sent to the Nevada Office of Vital Records, 4150 Technology Way, Suite 104, Carson City, NV 89706 for filing.

Rights and Responsibilities of Acknowledging Paternity

By Signing This Declaration of Paternity:

1.You are acknowledging that you are the legal father of this child which, after 60 days, creates a legal determination that you are the father.

2.There will be no hearing or trial held on the issue of paternity at this time and you waive your right to genetic testing.

3.You have a duty to financially support the child, which is a separate issue from visitation and custody of the child.

4.A court order may order you to pay child support for the child until the child reaches 18 years of age, or 19 if still in high school, or otherwise declared free from your parental control by a court.

5.A court may order the withholding or assignment of your wages or commissions.

6.A court may order you to furnish health insurance for the child.

7.A court may order you to pay reasonable expenses of the mother’s pregnancy and confinement costs, which include birth expenses and public assistance provided on behalf of the child.

8.You have rights concerning custody and visitation of the child. Please be advised that physical custody of the child is generally granted to the biological unwed mother. If both father and mother cannot agree to an arrangement for visitation and/or custody, then you must pursue a separate legal action through the courts. You may need to hire a private attorney to assist you.

9.Unless you can show special circumstances of fraud, duress or material mistake of fact, under Nevada law you may not be able to petition the court to declare that you are not the legal father of the child. You may need to hire a private attorney to assist you.

10.This declaration of paternity can be revoked or rescinded within 60 days after the filing with the state registrar or within 60 days after you turn 18 years old, whichever is later. However, your name will

remain on the birth certificate until a court declares that you are not the legal father of this child.

__________________________________________________________________________________

Mailing Instructions

Please mail the completed form to the office of Vital Records, 4150 Technology Way, Suite 104, Carson City, Nevada 89706. There is a $40 charge to amend a certificate already on file in the office of Vital Records. This fee includes a certified copy of the amended or new record. Additional copies are $20 each. Please make your cashier’s check or money order out to Nevada Vital Records.

Please allow 4-8 weeks to process your request. Any questions concerning paternity actions should be addressed to the State Office of Vital Records at the above address, or by calling our office at (775)684-4242.

__________________________________________________________

Name

_____________________________________________________________________

Street Address or PO Box

_____________________________________________________________________

City

State

ZIP Code

Form Specs

Fact Number Fact Detail
1 This is a legal document requiring typing or black ink for completion.
2 Both parents are entitled to a copy before it's sent to the Office of Vital Records.
3 The form must be fully completed, including Sections A & B, and Section D must be witnessed.
4 It allows for the child's name to be changed from what is on the original birth certificate at the time of filing.
5 No alterations like white-out, erasures, or cross-outs are allowed in the name change section.
6 Signing the form establishes paternity voluntarily, accepting all rights and responsibilities as the legal father.
7 The original document must be sent to the Nevada Office of Vital Records for filing.
8 By signing the document, no hearing or trial on the issue of paternity will be held at that time, and the right to genetic testing is waived.
9 The acknowledgment of paternity can be revoked within 60 days of filing with the state registrar or within 60 days after turning 18, whichever is later.
10 Governing laws include the duty of financial support, potential for wage withholding for child support, the provision of health insurance, and pregnancy and confinement costs, as well as rights related to custody and visitation.

How to Fill Out Nevada Declaration Of Paternity

Filling out the Nevada Declaration of Paternity form is a critical step for parents wishing to establish paternity when they are not married. This document acknowledges the legal father of the child, granting him rights and responsibilities. It's important to approach this task with care, understanding the legal implications and consequences of this declaration. Below are the detailed steps to accurately complete the form:

  1. Read Page 2 of the form carefully to understand the rights and responsibilities associated with acknowledging paternity.
  2. Type or print in black ink to ensure all entered information is clear and legible.
  3. Fill out Section A with the required information about the child, including their full name, sex, date of birth, and the hospital and city where the birth took place. Also include the county and state.
  4. Under the father's information, provide his full name, date of birth, social security number, country of birth, and current address.
  5. Enter the mother's information next, including her full name, date of birth, social security number, country of birth, and current address.
  6. In Section B, you have the option to change the child's name from what is currently on the birth certificate. Be thorough, as any changes after this declaration may require a court order.
  7. Section C includes declarations that must be agreed upon and signed by both parents. Here, each parent must confirm the accuracy of the information provided, acknowledge their understanding of their rights and responsibilities, and consent to establishing paternity. Both parents must sign and date this section.
  8. Ensure the signatures of both parents are witnessed. The witnesses must then sign and date the document in the designated areas.
  9. Before sending the document to the Office of Vital Records, provide a copy to both the mother and the father, as well as the hospital where the child was born.
  10. Mail the original completed and signed document to the Nevada Office of Vital Records at the address provided, along with the required $40 fee for amending the birth certificate. This fee covers the cost of a certified copy of the amended or new record. If additional copies are needed, they are available for $20 each.

After the declaration is filed, it's essential to understand that this action carries significant legal consequences, including but not limited to parental rights, custody, and child support obligations. This form, once processed, legally establishes paternity and solidifies the father's responsibilities and rights towards the child. Parents may need to consider seeking legal advice to ensure they fully grasp the implications of this document.

Obtain Clarifications on Nevada Declaration Of Paternity

  1. What is the Nevada Declaration of Paternity form?

  2. The Nevada Declaration of Paternity form is a legal document that allows unmarried parents to acknowledge the paternity of their child officially. By completing and signing this form, the father's name can be added to the child's birth certificate, establishing legal paternity without the need for a court order. This process provides the child with various rights and benefits, such as financial support and access to medical history.

  3. Who should complete the Nevada Declaration of Paternity form?

  4. This form should be completed by both biological parents of a child born out of wedlock in Nevada who mutually agree to acknowledge the paternity of the child. It's important that both parents read and understand the rights and responsibilities outlined on the form before signing.

  5. How can the Nevada Declaration of Paternity form be filed?

  6. After both parents complete and sign the form in the presence of witnesses, the original document should be sent to the Nevada Office of Vital Records at the address provided. A copy of this document should be kept by both parents for their records.

  7. Is there a fee to file the Nevada Declaration of Paternity form?

  8. Yes, there is a fee associated with amending the birth certificate to add the father's name once the Declaration of Paternity is processed. The fee is $40, which includes a certified copy of the amended or new record. Additional copies can be requested for $20 each.

  9. Can the name of the child be changed through this form?

  10. Yes, the child's name can be changed at the time of filing the Declaration of Paternity. If parents wish to change their child's name after the declaration has been filed, a court order will be required. It's crucial to ensure no alterations, such as white-outs or erasures, are made in the section concerning the child's name on the form.

  11. What are the consequences of signing the Nevada Declaration of Paternity form?

  12. By signing the Declaration of Paternity, the father acknowledges legal paternity of the child, waives the right to genetic testing, and agrees to the responsibilities, including financial support. This acknowledgment has significant legal implications, such as inheritance rights and the father's obligation to support the child, and it also affects custody and visitation rights.

  13. Can the Declaration of Paternity be revoked?

  14. Yes, the declaration can be revoked or rescinded within 60 days after it has been filed with the state registrar or within 60 days after the father turns 18 years old, whichever is later. Nonetheless, it's important to understand that the father's name will remain on the birth certificate until a court order declares otherwise.

  15. What if there is another man presumed to be the father?

  16. If a genetic test has determined that another man is the legally presumed father, or if there is an existing court order or Acknowledgment of Paternity naming another man as the father, this must be disclosed on the form. Failing to disclose such information can have legal repercussions and may affect the validity of the declaration.

  17. What should parents do if they cannot agree on custody or visitation?

  18. If the parents cannot reach an agreement on custody or visitation, they will need to pursue legal action through the courts to establish such arrangements. It may be necessary to hire a private attorney to assist with this process. It's essential to understand that the Declaration of Paternity primarily assists with the acknowledgment of paternity and does not directly resolve custody or visitation disputes.

Common mistakes

Filling out the Nevada Declaration of Paternity form is a significant step that establishes legal paternity. It carries important rights and responsibilities towards the child. Yet, people often make mistakes while completing this form. Recognizing and avoiding these errors can ensure the process is smooth and adheres to legal expectations.

Here are the 10 common mistakes made:

  1. Not using black ink for filling out the form, which is a requirement to ensure clarity and formality in documentation.
  2. Misinterpretations or misinformation in Sections A & B, which need to be fully and accurately completed. Each section collects vital information about the child, the parents, and any changes to the child’s name.
  3. Omitting the child’s full name or not providing it as it appears on the original birth certificate can create discrepancies in official records.
  4. Inaccurate details regarding the father and mother’s personal information, such as incorrect Social Security numbers or birth dates, which are crucial for identification purposes.
  5. Overlooking the need for the document to be witnessed under Section D, which validates the signatures of both parents.
  6. Using white-out or making cross-outs in Section B, especially if a name change for the child is requested, as this is not permitted.
  7. Skipping the instruction to read the other side of the form before signing. The reverse side outlines rights and responsibilities, understanding of which is crucial before acknowledging paternity.
  8. Forgetting to provide copies of the completed document to all parties involved, including the hospital, as well as not sending the original document to the Nevada Office of Vital Records.
  9. Failing to understand that by signing the declaration, it waives the right to genetic testing since it is a voluntary acknowledgment of paternity.
  10. Not realizing the long-term commitments, such as financial support, health insurance provision, and rights concerning custody and visitation of the child that come with signing the document.

To avoid these mistakes, it’s important to carefully read all instructions and understand the implications of signing the Nevada Declaration of Paternity form. Ensuring all information is accurate and complete, and keeping in mind the legal responsibilities assumed by acknowledging paternity, can help in the successful completion of this legal document.

Documents used along the form

Filing the Nevada Declaration of Paternity form is a significant step in establishing the legal father of a child. This action not only acknowledges paternity but also sets in motion responsibilities and rights regarding the child's upbringing and welfare. However, to complement this process or to address related issues, individuals might need to prepare and submit additional forms and documents. Here are descriptions of four such essential documents individuals often engage with alongside the Nevada Declaration of Paternity.

  • Birth Certificate Request Form: Following the filing of a Declaration of Paternity, updating the birth certificate to include the father’s name is often necessary. This request form is submitted to the State Office of Vital Records, ensuring the child’s birth records accurately reflect the new legal paternity status.
  • Child Support Application Form: Establishing paternity is a precursor to arranging child support. This form initiates the process of obtaining financial support from the father, outlining the terms of payment that support the child’s needs. The state’s child support agency processes the application, guiding both parents through the necessary steps to secure support.
  • Custody and Visitation Agreement Form: After determining paternity, parents may need to formalize arrangements regarding custody and visitation. This form helps parents document their agreement about how they will share responsibilities and time with their child. If parents cannot reach an agreement, this form can serve as a starting point for court considerations.
  • Voluntary Termination of Parental Rights Form: In rare cases, after acknowledging paternity, a father may choose to voluntarily terminate his parental rights. This drastic step requires a legal document that outlines the reasons for termination and is submitted to a court for approval. It is essential for individuals considering this step to consult with a legal professional.

Each document plays a vital role in ensuring the well-being and legal rights of the child and parents involved. Whether it's updating vital records, arranging financial support, or establishing custody agreements, these forms help formalize the arrangements that follow the acknowledgment of paternity. Individuals navigating this process are encouraged to seek guidance and support from legal professionals to ensure their actions align with Nevada law and serve the best interests of the child.

Similar forms

The Nevada Declaration of Paternity form is similar to other legal documents that establish parental rights and responsibilities, such as the Acknowledgment of Paternity form and the Voluntary Declaration of Parentage. These documents share common purposes but differ in terms of their use across different jurisdictions. Each plays a significant role in legally recognizing a parent-child relationship, particularly outside of marriage.

Acknowledgment of Paternity (AOP) Form: Like the Nevada Declaration of Paternity, the Acknowledgment of Paternity form is used to establish the paternity of a child, typically when the parents are not married. Both documents require information about the child, the child's mother, and the father, and must be signed by both parents. However, the fundamental similarity lies in their purpose: to legally determine the father of the child and establish his rights and responsibilities without going to court. This process often facilitates eligibility for child support, inheritance rights, and access to medical records. While the specific name and details can vary by state, the core intent remains to acknowledge and establish paternity through a voluntary, signed agreement by both parents.

Voluntary Declaration of Parentage (VDP): This document also bears resemblance to the Nevada Declaration of Paternity in that it is a tool for unmarried parents to establish legal paternity. Commonly used in many states, the Voluntary Declaration of Parentage shares the goal of acknowledging the legal father of a child without necessitating a court order. The signing of a VDP grants the father legal rights to the child, including custody and visitation rights, and also imposes obligations such as child support. Similar to the Nevada Declaration of Paternity, the VDP is often signed at the hospital or birth center shortly after the child's birth, but it can also be completed at a later date. Like the Declaration of Paternity, it must be filed with a designated state office to be legally valid.

Dos and Don'ts

When filling out the Nevada Declaration of Paternity form, careful attention to detail is crucial. This is not just a form but a legal document that can significantly impact the lives of the child, the mother, and the father. Here are things you should do and things you shouldn't do to ensure the process is completed smoothly and accurately.

    Do:
  • Print or type in black ink to ensure that the information is legible and that the document can be processed without delay.
  • Thoroughly read page 2 of the form before starting, to understand your rights, responsibilities, and the legal implications of signing the document.
  • Provide complete and accurate information in all sections (A, B, and C) as required, to avoid any legal complications in the future.
  • Ensure that the signatures of both parents and their dates signed are included and that section D is witnessed as required by the form instructions.
  • Give copies of the completed document to the mother, father, and hospital as indicated for their records.
    Don't:
  • Use white-out, erasures, or cross-outs, especially in Section B where the child's name can be changed, as this could invalidate the document.
  • Rush through reading the Rights and Responsibilities section. It’s essential to understand the legal commitment being made fully.
  • Forget to mail the original document to the Nevada Office of Vital Records. Without this step, the declaration won't be legally recognized.
  • Overlook the mailing instructions and associated charges if you're amending a certificate already on file, to ensure correct processing and avoid unnecessary delays.

By following these guidelines, you can ensure that the Nevada Declaration of Paternity form is filled out correctly and that you understand the legal significance of this document.

Misconceptions

There are several misconceptions about the Nevada Declaration of Paternity form. Understanding these can help ensure that parents make informed decisions about paternity acknowledgment.

  • Misconception 1: Signing the form is optional for establishing paternity.

    Many believe signing the Nevada Declaration of Paternity form is just one way among many to establish paternity. However, in cases where the parents are not married, it's essential to recognize that signing this form is a straightforward and legally binding method to establish paternity without going through the court system.

  • Misconception 2: The form immediately grants custody rights.

    Another misconception is that by signing the declaration, a father immediately gains custody rights. In reality, while the form does establish legal paternity and can be used to further pursue custody or visitation rights, it does not automatically grant custody. Custody determinations are a separate legal process.

  • Misconception 3: The mother's signature is not required.

    Some people mistakenly believe that the mother does not need to sign the form for it to be valid. Both parents must sign the form in front of a witness for it to establish paternity legally.

  • Misconception 4: You can change the child's name at any time through this form.

    It's often thought that the child's name can be changed at any time using this form. While the form does allow for the child's name to be changed at the time of signing, any name change requests made after the form has been filed will likely require a court order.

  • Misconception 5: The declaration is easily reversible.

    A common misunderstanding is that the declaration can be easily revoked. Revocation is only possible within 60 days of signing the form or until the child’s 18th birthday, whichever comes later. After this period, removing a father's name from the birth certificate because of a change in mind requires a court order, often based on proof of fraud or material mistake of fact.

Understanding these facts about the Nevada Declaration of Paternity form can help both mothers and fathers make informed decisions regarding the legal paternity of their child.

Key takeaways

Filling out and using the Nevada Declaration of Paternity form is a legally significant process that establishes paternity for a child in Nevada. Understanding the document’s requirements and implications is crucial for both parents. Here are eight key takeaways:

  • The Nevada Declaration of Paternity form is a legal document, and it should be completed with care. Using black ink to type or print is mandatory for clarity and legal processing.
  • Both parents are entitled to and should receive a copy of the completed document before it is sent to the Office of Vital Records. This ensures both parties have a record of what was submitted.
  • Accuracy is crucial when filling out the form. It demands from both parents complete honesty, as they declare under penalty of perjury. The information provided must be true and correct to the best of their knowledge.
  • The form allows for the child’s name to be changed at the time of filing. However, any name changes desired after the filing may require a judicial order, stating the importance of careful consideration when completing this section.
  • Signing the declaration involves several legal acknowledgments, including waiving the right to a paternity trial and the right to genetic testing, which underscores the importance of understanding all rights and responsibilities outlined on the form.
  • By establishing legal paternity, the father assumes a duty to financially support the child, among other responsibilities. These could include providing health insurance and covering pregnancy-related expenses.
  • The acknowledgment of paternity impacts custody and visitation rights. While the declaration does not automatically grant custody, it establishes legal paternity which is a step towards seeking custody or visitation rights through the court.
  • Revocation of the declaration is possible within 60 days after its filing with the state registrar or within 60 days after turning 18 years old, whichever is later. However, altering the birth certificate to remove the father’s name thereafter requires a court order.

Following these guidelines can help ensure that the process of establishing paternity runs smoothly for all parties involved. Always remember to review all sections and understand the legal ramifications before signing the Nevada Declaration of Paternity form.

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