Program Operations Manual System (POMS)
TN 27 (12-00)
Prior to 01/1/76, child or father acquires status of child or parent if parents intermarry.
Effective 01/1/76, unless otherwise specified below, the following provisions apply:
A court judgment or order is determinative, for all purposes, in establishing any
parent and child relationship. Such a court action is subject to certain statutory
provisions. With respect to a child who has no presumed father (under the presumptions
in 2. below), such an action must be commenced within 3 years of the child's birth
or by 01/01/79, whichever is later, with certain exceptions. Such actions may be joined
with an action for divorce, annulment, separate maintenance, or support.
If a court judgment is issued after the time limit, submit the case to the RCC per
GN 01010.815 ff. For claims filed on or after 11/27/98, or pending on that date, a court order
is no longer required. SSA may make its own adjudication of paternity, with no time
limit, using a preponderance of the evidence standard of proof, except as otherwise
Otherwise, the parent-child relationship between a child and:
The natural mother may be established by proof of her having given birth to the child,
or as set out below;
The natural father may be established if:
He and the child's natural mother are or have been married to each other and the child
is born during the marriage, or within 300 days after the marriage is terminated by
death, annulment, declaration of invalidity, or divorce, or after a decree of separation
is entered by a court; or
Before the child's birth, he and the child's natural mother have attempted to marry
each other by a marriage solemnized in apparent compliance with law, although the
attempted marriage is or could be declared invalid, and:
If the attempted marriage could be declared invalid only by a court, the child is
born during the attempted marriage, or within 300 days after its termination by death,
annulment, declaration of invalidity, or divorce; or
If the attempted marriage is invalid without a court order, the child is born within
300 days after the termination of cohabitation; or
After the child's birth, he and the child's natural mother have married, or attempted
to marry, each other by a marriage solemnized in apparent compliance with law, although
the attempted marriage is or could be declared invalid, and:
He has acknowledged his paternity of the child in a writing filed with the department
of health; or
With his consent, he is named as the child's father on the child's birth certificate;
He is obligated to support the child under a written voluntary promise or by court
While the child is under the age of majority, he receives the child into his home
and openly holds out the child as his natural child; or
Effective 06/08/95, he submits to genetic testing and the results, as stated in a
report prepared by the testing laboratory, do not exclude the possibility of his paternity
of the child, provided the testing used, if performed after
04/22/94, has a power of exclusion greater than 99.0 percent and a minimum combined
paternity index of 500 to 1; or
Effective 06/21/97, he filed with the Department of Health a written acknowledgment
of paternity, signed under oath; or
Effective 05/30/87 and prior to 06/21/97,he files with the department of health:
A voluntary, written acknowledgment of paternity of the child, signed by him under
A voluntary, written acknowledgment of paternity of the child, signed by the natural
mother under oath.
The department of health shall prepare a new certificate of birth. The voluntary acknowledgment
of paternity by the presumed father filed with the department of health pursuant to
this paragraph shall not preclude the presumed father from subsequently filing a motion
objecting to the voluntary acknowledgment of paternity. The motion shall state the
factual basis for placing the issue of paternity before the court; or
Effective 01/01/76 and prior to 05/30/87, he acknowledges his paternity of the child
in a writing filed with the department of health, which shall promptly inform the
mother of such filing, and she does not dispute the acknowledgment within a reasonable
time after being informed thereof in a writing filed with the department of health.
If another man is presumed under this section to be the child's father, acknowledgment
may be effected only with the written consent of the presumed father or after the
presumption has been rebutted. If the acknowledgment is filed and not disputed by
the mother and if another man is not presumed under this section to be the child's
father, the department of health shall prepare a new certificate of birth in accordance
with State law.
A presumption under this section may be rebutted only by clear and convincing evidence.
If two or more presumptions arise which conflict with each other, the presumption
which on the facts is founded on the weightier considerations of policy and logic
controls. The presumption is rebutted by a court decree establishing paternity of
the child by another man.
To establish paternity in the absence of one of the above presumptions, or to rebut a presumption of paternity, SSA will consider evidence such as:
Evidence of sexual intercourse between the mother and the alleged father at any possible
time of conception;
An expert's opinion concerning the statistical probability of the alleged father's
paternity based upon the duration of the mother's pregnancy;
Genetic test results, as set forth below, including blood test results, weighted in
accordance with evidence, if available, of the statistical probability of the alleged
Medical or anthropological evidence relating to the alleged father's paternity of
the child based on tests performed by experts;
A voluntary, written acknowledgment of paternity that shall create a rebuttable presumption
of paternity; and
All other evidence relevant to the issue of paternity of the child.
For purposes of evaluating genetic test results, SSA will consider the following:
"Genetic test" means the testing of inherited or genetic characteristics (genetic
markers) and includes blood testing for paternity purposes.
Effective 04/22/94, the testing utilized must have a power of exclusion greater than
99.0 percent, and a minimum combined paternity index of 500 to 1, and shall be performed
by an expert qualified as an examiner of genetic markers. Prior to 04/22/94, these
requirements do not apply, but the evidence may be given less weight by SSA.
A report of the facts and results of genetic tests shall be admissible in evidence
by affidavit of the person whose name is signed to the report, attesting to the procedures
followed in obtaining the report.
Insofar as practicable, the foregoing provisions pertaining to establishment of the
father-child relationship by court decree apply to the mother-child relationship.
Generally, paternity determinations from other States and territories, whether established
through voluntary acknowledgment or through administrative or judicial processes,
shall be treated the same as a paternity adjudication in Hawaii.