GN DEN00306.120 Using Information from Child's BC as Written Acknowledgment or Proof of Court Order

See GN 00306.120

A. POLICY NH's Signature Shown As Informant

The child s BC with the NH's signature as informant establishes written acknowledgment if it shows the NH's name as that of the child's parent. See GN 00306.055B.1 respect to the mother under Louisiana law.

B. PROCEDURE NH Not Shown As Informant

When the NH is not shown as informant on the BC of an ILLEGITIMATE child but is shown as the father or the child's surname is shown the same as the father's, you may follow either of the following two procedures to determine if the NH filed a written consent or if a court determination of paternity was issued (GN 00306.120B GN 00306.120B.3 GN 00306.120B.3 may show illegitimacy.

CAUTION: You may NOT infer from information on the BC that there was written consent or a court determination unless one of the two procedures is productive. If you entitle the child based on a positive result from the Bureau of Vital Statistics (BVS) or a legal precedent opinion (as indicated below for the States in the Denver Region), document the file on the MCS RPOC screen or on an RC in cases per GN 00301.292.

Remember to also consider entitlement under other provisions in POMS GN 00306

1. Contact BVS

In an effort to avoid repeated FO contacts with the BVS, the following information is provided on which States will release information about an amended BC or about a written statement or court determination of paternity.

Colorado

No

Montana

Yes

North Dakota

No

South Dakota

No

Utah

Yes

Wyoming

No

2. Use Precedent Opinions

To establish consistent regional guidelines for applying the presumption, precedent opinions for each State in the Denver Region have been obtained. State law requirements and applicable effective dates relative to the entry of the father's name (or use of the father's surname) on the BC of an illegitimate child are summarized in the chart below.

This chart can be used to presume that there has been written acknowledgment or court determination of paternity, but ONLY IF:

The BC shows illegitimacy per GN 00306.120B.3.; AND The chart below shows YES that applicable State law or regulations require the written acknowledgment or court determination of paternity to be filed in order for the father's name to appear on the BC, or for the child's surname to be the same as the father's on the BC.

In application of the State law requirements to individual cases, each of the two categories in the chart are independent alternatives, i.e., no State law requires both written consent and a court determination of paternity.

 

WRITTEN Consent or Court Order Required for the FATHER S Name to Appear On the BC

WRITTEN Consent or Court Order Required for the CHILD S Surname to be Same as Father s on BC(1)

CO

Yes as of 01/01/1968

No(2)

MT

Yes as of 01/01/1996

No(2)

ND

Yes as of 07/01/1975

Yes as of 07/01/1975