Alternatively, you may presume that there has been a written acknowledgment or court
determination of paternity, but only if:
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-
•
A precedent RCC legal opinion shows 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.
To establish consistent Region guidelines, we have obtained precedent legal opinions
for the states in our Region. These are summarized in the chart below. Note: The effective
dates refer to the point at which the current State law applies regarding the entry
of the father's name.
Example: We have a BC that shows illegitimacy, the child was born in Iowa, the father
is not the informant, and the father's name is listed on the BC. In this case we can
presume the NH filed a written acknowledgement or there was a court order for the
father's name to be listed on the BC.
|
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)
|
IA
|
Yes (as of 1/1/1970)
|
No (2)
|
KS
|
Yes (as of 1/1/1963)
|
No (2)
|
MO
|
Yes (as of 1/1/1984)
|
No (2)
|
NE
|
Yes (as of 1/1/1977)
|
No (2)
|
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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.
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(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. Further development is required.