• Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Legal Templates

Legal Templates
  • Business Forms

    Business & Contracts

    All of our legal contracts and documents are drafted and regularly updated by licensed attorneys. Save your hard-earned money and time with Legal Templates.

    Top Business Forms

    Business Formation
    • Business Plan
    • LLC Operating Agreement
    • Articles of Incorporation
    • Corporate Bylaws
    • Buy-Sell Agreement
    Business Operations
    • Business Contract
    • Partnership Agreement
    • Non-Disclosure Agreement
    • Release of Liability
    • Letter of Intent
    Sales and Payments
    • Purchase Agreement
    • Sales Agreement
    • Invoice
    • Purchase Order
    • Business Purchase
    Employment and HR
    • Employment Contract
    • Employment Offer
    • Employment Verification
    • Freelance Contract
    • Non-Compete Agreement
    View All Business Forms
  • Real Estate Forms

    Real Estate

    All of our legal contracts and documents are drafted and regularly updated by licensed attorneys. Save your hard-earned money and time with Legal Templates.

    Top Real Estate Forms

    Landlords
    • Lease Agreement
    • Property Management
    • Eviction Notice
    • Late Rent Notice
    • Lease Termination
    Tenants
    • Room Rental
    • Sublease Agreement
    • Roommate Agreement
    • Notice to Vacate
    • Early Lease Termination
    Home Ownership
    • Real Estate Purchase Agreement
    • Mortgage Deed
    • Quitclaim Deed
    • Deed of Trust
    • Moving Checklist
    View all Real Estate Forms
  • Personal & Family Forms

    Personal and Family

    All of our legal contracts and documents are drafted and regularly updated by licensed attorneys. Save your hard-earned money and time with Legal Templates.

    Top Personal and Family Forms

    Estate Planning
    • Power of Attorney
    • Last Will & Testament
    • Living Will
    • Advance Directive
    • DNR Form
    Personal Finance
    • Bill of Sale
    • Loan Agreement
    • Purchase Agreement
    • Promissory Note
    • Sales Agreement
    Family Matters
    • Parenting Plan
    • Child Travel Consent
    • Divorce Agreement
    • Separation Agreement
    • Prenuptial Agreement
    Affidavits
    • General Affidavit
    • Gift Affidavit
    • Affidavit of Identity
    • Affidavit of Residence
    • Affidavit of Death
    View All Personal Forms
  • Support
    Resources
    • Business
    • Real Estate
    • Personal and Family
    • Financial
    • Estate Planning
    Support
    • About Us
    • Careers
    • Contact Us
    • All Legal Documents

    Monday - Friday | 9AM - 7PM EDT

    (855) 335-9779

  • Sign In
  • :email

Home Personal & Family Documents Affidavit of Paternity

Free Affidavit of Paternity Form

Use our Affidavit of Paternity form to acknowledge paternity for a child born outside of marriage.

Published March 22, 2022

An Affidavit of Paternity is used to establish a child’s paternity and can be used to add information about a child’s father to the child’s birth certificate.

It is intended to be used by couples who are not married when the child was conceived or born, and it can be completed at any time after a child’s birth.

Table of Contents
  • What Is an Affidavit of Paternity?
  • When To Get an Affidavit of Paternity Form
  • Where Do I Get an Acknowledgment of Paternity Form?
  • How To Write an Affidavit of Paternity
  • Affidavit of Paternity Sample Form
  • Affidavit of Paternity Frequently Asked Questions

What Is an Affidavit of Paternity?

An Affidavit of Paternity is a legally binding document acknowledging paternity by the parents of a child. Typically, a married man is presumed to be the father of his wife’s child as a matter of law. But unwed parents are responsible for establishing paternity for their children. So a mother and father can sign an affidavit that states the male who signed the document is the baby’s father.

The Affidavit of Paternity is a straightforward form used in a court proceeding. It conveys legal and familial rights and obligations for the father, such as child care, custody, and support for the rest of the child’s life. Once paternity is established, the child will be entitled to inherit the parents’ estate if their parents pass away.

The document focuses on the biological father because there is no way to prove who the child’s father is without DNA testing on the baby. Instead of contesting fatherhood and requiring genetic tests, many parents choose to use an Affidavit of Paternity to establish the father’s identity. This saves a great deal of time, money, and stress that might occur from a contested court or paternity hearing.

An Affidavit of Paternity is also commonly called:

  • An Acknowledgment of Paternity form
  • A Declaration of Paternity Affidavit
  • Acknowledgment of Paternity
  • Paternity Affidavit form
  • Affidavit of Parentage

When To Get an Affidavit of Paternity Form

Signing an Affidavit of Paternity form is a voluntary process. So using this document is best suited for when the father does not contest that he is the child’s biological father. If both parents agree, this form can be useful to avoid any arguments or legal conflicts.

Unmarried parents are the most common people who use Affidavit of Paternity forms. If an unmarried woman gives birth to a child and has a male partner, he isn’t automatically presumed to be the father. It takes something more to prove paternity.

This is where the Paternity Affidavit can help. Couples commonly sign the document at the hospital, but establishing paternity can happen anytime after the child’s birth.

Custody Implications

In addition to establishing paternity, completing the Affidavit of Parentage form protects custody rights. Under most state laws, an unmarried mother is entitled to full custody of the child.

The father is not granted custody rights unless his paternity is proven in some way. An Affidavit of Paternity helps protect the father’s custody rights and responsibilities. These may include:

  • Right to parent the child
  • Right to visitation or shared parenting
  • Right to tax credits and benefits
  • Responsibility to pay child support (depending on the parenting situation)
  • Responsibility for other child costs

Some parents may also enter into a cohabitation agreement if they want to live together and share custody of the child.

Where Do I Get an Acknowledgment of Paternity Form?

You can get an Acknowledgment of Paternity form at a local hospital when the baby is born or from a local child custody office. Each state has a different entity that provides these forms. But your state’s child custody or family services department should be able to direct you to the right resource.

You can also download our template paternity acknowledgment form. Or, you can use our template builder, which helps you create your document step by step and meet specific legal requirements.

How To Write an Affidavit of Paternity

Step 1 – Include the basic details of all parties

When writing your Affidavit of Paternity, you must include basic details about the father, the mother, and the child.

  • Father’s Name
  • Mother’s Name
  • Child’s Sex
  • Child’s Name
  • Child’s Birth Date
  • Child’s Birth Location

This provides the information necessary to identify all parties related to the child.

An example of where to include parent details in our affidavit of paternity template
An example of where to include parent details in our Affidavit of Paternity template

Step 2 – Provide birth registration information

Your child’s birth should have been registered with a birth certificate at the vital statistics register of the child’s county and state. Write down the name and address of the vital statistics register where your child’s birth was registered.

An example of where to include birth registration details in our affidavit of paternity template
An example of where to include birth registration details in our Affidavit of Paternity template

Step 3 – Affirm unmarried status

The Affidavit of Paternity is intended to be used by couples who are not married when the child was conceived or born. This section should state that you and the other parent aren’t married.

An example of where to include unmarried information in our affidavit of paternity template
An example of where to include your unmarried status in our Affidavit of Paternity template

Step 4 – Add the date and notary information

Before signing the affidavit, you must fill in the date and also provide the address of the notary public that is going to notarize the document.

An example of where to include the date and notary information in our affidavit of paternity template
An example of where to include the date and notary information in our Affidavit of Paternity template

Step 5 – Sign the document

The final step is including your signature, thereby affirming that you are the father of the child and accepting the associated responsibilities and legal implications.

An example of where to include your signature in our Affidavit of Paternity template
An example of where to include your signature in our Affidavit of Paternity template

Step 6 – Notarize the document

A notary public is a state officer who serves as a neutral witness when important documents are signed. Affidavits must always be notarized to prove the identity of the signee and the truthfulness of the document.

Whichever state this affidavit is notarized in determines how the affidavit is interpreted in the event of a dispute. If any legal matters arise from this affidavit, signees may be required to go to court in the specific county where the document was notarized.

Depending on your state, notary publics may be required to pass an exam or take a course to take on their roles. You can find notary publics through sites such as the American Association of Notaries.

What Should Be Included in an Affidavit of Paternity?

In your Affidavit of Paternity, you should include certain essential items. Your specific situation may warrant adding or deleting items as necessary, but these are some of the most commonly included provisions in an Affidavit of Paternity.

Identifying Information

The paternity affidavit should include the names, addresses, social security numbers, and other identifying information of the parents and child. It should also include all parties’ date of birth, state of birth, and country of birth. Some states may require a picture ID as well.

Acknowledgment of Paternity

The document’s primary purpose is to establish paternity, so the legal language should be clear and leave no ambiguity. It should state the male signing the affidavit acknowledges that he is the father and does not contest paternity.

Many acknowledgments also waive paternity testing, which may need DNA testing of blood, hair, or a cheek swab. This provision can save time and money and avoid the stress of dealing with testing.

Statement of Voluntariness

An Affidavit of Paternity is a legal document that implicates both parents’ rights and responsibilities towards the child. The Paternity Affidavit should recognize that all parties signing the document are doing so voluntarily. If a potential father is unsure if he wants to sign it, he should not do so.

Waiver of Court Proceedings

You will have to go to court to establish paternity. But the affidavit should include a section that waives court proceedings for a contested paternity hearing. Contested court proceedings are lengthy and expensive. One of the reasons to sign this agreement is to avoid those difficulties. Provisions may include an exception to rescind the paternity affidavit. Certain state laws may limit the time in which a person can do this.

Custody and Parenting Time

A paternity affidavit should recognize the father’s custody rights or grant him the right to petition a court for parenting time. This can be crucial, as it outlines that the father will have rights and responsibilities for the child. It will not outline these rights in great detail. Some of these rights may still need to be determined by a court or a separate parenting plan.

Child’s Birth Information

The affidavit should include the relevant information about the baby’s birth, including:

  • The baby’s name
  • The date of birth
  • The city of birth
  • The baby’s current residence
  • Birth certificate information

Sworn Statement for Each Parent

The affidavit to prove paternity should include a sworn statement section for each parent. This section should include the relevant identifying information for each party and leave room for a signature. Above the signature should appear an oath that affirms that the statements made in the affidavit are true and accurate to the best of the parties’ knowledge and belief.

The father and mother should have separate and distinct sections to sign. This helps ensure the document is legally binding and enforceable against both parents.

Notarization Section

A paternity affidavit will likely require the parents’ signatures to be notarized. This means that the affidavit must be signed in the presence of a notary public and signed by that person. Most states require that affidavits of this kind be witnessed by a notary.

Even if a state does not require it, it is highly advisable to have a notary witness these signatures. This helps improve the document’s enforceability and provides a witness to testify that the mother and father signed the affidavit.

Affidavit of Paternity Sample Form

Below is an Affidavit of Paternity sample form you can use to get an idea of what the document looks like.

Affidavit of Paternity

State of _____________

AFFIDAVIT OF PATERNITY BY FATHER OF CHILD

I, _____________________[full name of father], hereby affirm the following:

  1. That I am the biological father of a ________[child’s sex] child named ____________________ [full name of child], an infant born to __________________________[full name of mother], on ________________________[child’s date of birth] at _____________________________________________________________________________ [address of location where the child was born];
  2. That the facts of the birth of my child were registered at the _____________________________________________________________________________ [office name and address at which the birth was registered]
  3. At the time of the birth of ____________________[name of child], I was not married to __________________________[full name of mother].

IN WITNESS WHEREOF, I have set my hand this _____ day of __________________, 20_____ at ____________________________________________________________________________________[name and address of location where the affidavit is notarized and signed].

_______________________

Signature of Father

_______________________

Print Name

NOTARY ACKNOWLEDGEMENT

State of ___________[state where the affidavit is notarized]

County of ____________[county where the affidavit is notarized]

The foregoing instrument was acknowledged before me this _____ day of __________________, 20_____, by the undersigned, _____________________[full name of father], who is personally known to me or satisfactorily proven to me to be the person whose name is subscribed to the within instrument.

_____________________________________

Signature

_____________________________________

Notary Public

My Commission Expires: ________________

Seal

Download PDF
Download Word doc

Affidavit of Paternity Frequently Asked Questions

How can I get a copy of my declaration of paternity?

You can get a copy of your Declaration of Paternity by contacting either:

  • The health care facility where your child is born
  • The relevant family/domestic/civil court where it was filed
  • Your state’s Department of Health
  • Your State’s Vital Records and Statistics
  • Local health departments.

You may have to fill in a form such as a Request for a Filed Declaration of Paternity form and submit it to the necessary authority.

Can an Affidavit of Paternity be revoked?

An Affidavit of Paternity can be revoked under certain circumstances. But it differs greatly depending on the laws of your state. Most states permit revocation of a paternity affidavit, but many also significantly restrict how and when you may do so.

States often require that a revocation occurs within a certain period of time. Others require a court hearing to rescind an acknowledgment of paternity.

How do I file an acknowledgment of paternity?

There are many ways to file an acknowledgment of paternity. The requirements for filing may differ by state, but options typically include:

  • Filing with the appropriate court
  • Filing with family services or a custody department
  • Filing the affidavit with the local health department or paternity registry

Does a birth certificate establish paternity?

No. If the parents are not married, a father just signing the birth certificate without formally establishing paternity will not convey legal rights and responsibilities to the father. 

How do I protect my parental rights as a father if paternity hasn’t been established yet?

Every state has a putative father registry for fathers to voluntarily acknowledge paternity or the possibility of paternity of a child born outside of a marriage

Related Family Matters Documents

  • Affidavit Form: A sworn written statement voluntarily made under oath verifying a particular set of facts or statements to be later used in court.
  • Affidavit of Heirship: An Affidavit of Heirship is a sworn legal document that attests to and identifies the heirs of a deceased person who died without a will.
  • Affidavit of Identity: An Affidavit of Identity is a document that is used to legally verify the identity of a person.
Affidavit_of_Paternity_Screenshot Preview PDF

Free Affidavit of Paternity Form

Create Your Affidavit of Paternity in Minutes!

Legal Documents

  • All Legal Forms
  • Business Forms
  • Real Estate Forms
  • Personal and Family Forms

Popular Forms

  • Lease Agreements
  • Power of Attorney Forms
  • Eviction Notice
  • Living Will
  • Non-Disclosure Agreement

Resources

  • Legal Resources
  • Business
  • Real Estate
  • Personal & Family
  • Estate Planning
  • Financial
  • Covid-19 Resources

Company

  • Pricing
  • About Us
  • Careers
  • Contact Us
  • Partner With Us
  • Legal Dictionary

Users

  • Account
  • Terms of Use
  • Privacy Policy
  • Do Not Sell My Personal Information
McAfee - Together is power.
Trustpilot
BBB Accredited Business

(855) 335-9779, Monday-Friday, 9AM - 7PM EDT

Facebook Twitter LinkedIn

Copyright 2022 Legal Templates LLC. Legal Templates LLC is not a lawyer, or a law firm and does not engage in the practice of law. Legal Templates cannot and does not provide legal advice or legal representation. All information, software and services provided on the site are for informational purposes and self-help only and are not intended to be a substitute for a lawyer or professional legal advice. Use of this site is subject to our Terms of Use.

Thank you for downloading one of our free legal templates!

Would you leave us a review?

We hope you've found what you need and are able to avoid the time, costs, and stress associated with dealing with a lawyer.

A review would mean the world to us (it only takes about 15 seconds).

Please check your download folder for MS Word or open tabs for PDF so you can access your FREE Legal Template Sample

Thanks again, and good luck!

Leave My Review