Larry and Lakshmi are the parents of Tom, a child who was born out of wedlock. Larry wants to acknowledge that he is Tom’s father. What steps does Larry need to take to acknowledge paternity in Massachusetts?
The most common method to establish parentage is voluntary acknowledgment of paternity. This process allows parents to confirm paternity. If the father does not acknowledge paternity, a complaint can be filed under M.G.L. c. 209C. This will seek adjudication of parentage.
According to the law, acknowledgment forms must be in writing; they “shall be acknowledged in the presence of a notary public and shall include the residence addresses and social security numbers of each of the parents, the residence address of the child and, if available, the social security number of the child.” File the acknowledgment forms with the court or the register of vital statistics. A duly executed acknowledgment form, filed under the statute, will serve as a valid basis for custody and support actions. Upon filing the acknowledgment, however, the parties may also file with the court an agreement as to custody and support.
The statute allows either party to rescind the acknowledgment within 60 days. After that, you can contest the acknowledgment only for fraud, duress, or material mistake. You must bring any action within one year of executing the acknowledgment of paternity.
In 1993, the father of a child filed an acknowledgment of paternity. This followed a case by the Department of Revenue. The father agreed to pay child support as well. He did not initially ask to undergo genetic testing to prove that he was the biological father of the child. He acted as the child’s father for the following years and paid support.
Fast forward to 1999: the Department filed a new action against the father, seeking to increase the weekly support amount. The father sought a genetic testing order from the Court. He claimed he did not believe he was the child’s father. The trial court denied that request. Unbeknownst to the mother, the father then took the daughter for genetic testing on his own, and the tests showed that he was not the child’s biological father. Subsequently, he moved to relinquish his child support obligation and also sought retroactive damages for the support payments he had made in the past. The trial court ruled that the father is entitled to relief going forward. However, the court denied retroactive relief.
The Supreme Judicial Court ruled on appeal that the father could not receive relief. He waited too long to contest paternity. “There is a compelling public interest in the finality of paternity judgments,” the Court reasoned. “[W]e conclude that, as a consequence of the father’s long delay before he challenged the paternity judgment, Cheryl’s interests now outweigh any interest of his…Our conclusion is consistent with our prior jurisprudence, and the decisions of numerous other courts, that a father’s challenge to a paternity judgment may be untimely even though he may establish conclusively that he is not a child’s genetic parent.”
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