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.
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WRITTEN Consent or Court Order Required for the FATHER S Name to Appear On the BC
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WRITTEN Consent or Court Order Required for the CHILD S Surname to be Same as Father
s on BC(1)
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CO
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Yes as of 01/01/1968
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No(2)
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MT
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Yes as of 01/01/1996
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No(2)
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ND
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Yes as of 07/01/1975
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Yes as of 07/01/1975
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SD
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Yes as of 07/01/1972
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Yes as of 07/01/1972
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UT
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Yes as of 07/01/1997
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No(2)
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WY
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Yes as of 05/24/1973
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Yes as of 05/24/1973
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1.) This alternative presupposes that the mother and the purported father will not
have the same surname. If they have the same surname, further development is required.
2.) Since no consent or court order is necessary for the child's surname to be the
same as the purported father's, this chart cannot be used to apply the presumption
of written acknowledgment
or proof of a court order.