The following chart reflects the precedent opinion for each State in New England.
The effective dates refer to the point at which the current State law applies regarding
the entry of the father's name and the child's surname on the birth certificate of
a child born out of wedlock. The complete precedent opinion containing State law requirements
and applicable effective dates relative to the entry of the father's name on the BC
of an illegitimate child are summarized in the precedent opinions in PR 01210.000. This chart can be used to presume that there has been written acknowledgment or
court determination of paternity, ONLY IF:
-
•
The BC shows that the child was born out of wedlock in one or more of the following
ways:
-
•
It has been amended with reference to sections of the annotated State code that apply
to children born out of wedlock;
-
•
It shows that the child's last name is the same as the mother's but not the alleged
father's;
-
•
It has a block that can be checked to show that the child was born out of wedlock;
or
-
•
It shows the mother is not married.
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.
This alternative presupposes that the mother and the purported father do not have
the same surname. If they have the same surname, further development is required.
This is because, in this situation, no consent or court order is necessary for the
child's surname to be the same as the purported father's.
PRECEDENT OPINIONS
|
State
|
WRITTEN Consent or Court Order Required for the FATHERS Name to Appear On the BC
|
WRITTEN Consent or Court Order Required for the CHILDS Surname to be Same as Fathers
on BC
|
|
CT
|
Yes as of 01/01/1980
|
No
|
|
ME
|
Yes as of 01/01/1980
|
No
|
|
MA
|
Yes as of 01/01/1980
|
No
|
|
NH
|
Yes as of 01/01/1980
|
No
|
|
RI
|
Yes as of 01/01/1980
|
Yes*
|
|
VT
|
Yes as of 09/01/1997
|
No
|
*The Rhode Island statute provides that if the mother was not married at the time
of conception or birth, the child shall bear the mother's surname.