Establishing parentage is a critical first step in the child support process, and it has other important benefits for a child and for that child's parents. Below are the ways parentage may be established.
If a child is born to parents who are married or in a registered domestic partnership, there is an automatic legal relationship between the mother's spouse/domestic partner and the child. The name of the spouse/domestic partner will be placed on the child's birth certificate. The mother's spouse/domestic partner is presumed to be the child's parent by virtue of the legal union.
In the District of Columbia, when a child is born to unmarried parents or parents who are not in a domestic partnership, there is no automatic legal relationship between the father/other adult and the child. However, there are two other ways to establish parentage for the child.
Parentage can be established for a child if a mother and father voluntarily sign an Acknowledgement of Paternity. This method of resolving parentage is available if the mother was not married or in a registered domestic partnership at the time of the child's birth, conception, or anytime in between. If both parents complete the AOP form, they often don't have to go to court to establish parentage for the child, and the name of the other parent will be placed on the child's birth certificate. CSSD can assist with this process.
CSSD can help parents to establish parentage through the court.
Parentage orders may not be rescinded by the named parent administratively. An individual who wants to contest a parentage order must file a motion with the court seeking to have the order overturned.
District law determines the circumstances under which the name of a person other than the biological mother will be placed on a child's birth certificate. Placement of a person's name on a child's birth certificate shows the legal relationship between that individual and the child.
The name of the child's biological mother will be placed on the birth certificate. Generally, the birth certificate also must include the name of the mother's spouse or domestic partner if either of the following applies:
If the mother was not married or in a domestic partnership when the child was conceived or born, or did not enter such a relationship between conception and birth, the birth certificate cannot include the name of the spouse/partner unless the parents sign an acknowledgement of paternity (AOP) or there is a court order establishing parentage.
District law determines the last name (or “surname”) that can be given to a child. The last name can be any of the following:
