Effective Dates: 05/29/2024 - Present Previous | Next

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 with 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 or GN 00306.120B.3. Note that GN 00306.120B.3 may show illegitimacy.

Remember to also consider entitlement under other provisions in POMS GN 00306.000

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

SD

Yes as of 07/01/1972

Yes as of 07/01/1972

UT

Yes as of 07/01/1997

No(2)

WY

Yes as of 05/24/1973

Yes as of 05/24/1973

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.

C. Using An EAB Record For Proof Of Written Acknowledgement

All six states in the Denver region require the father’s written consent (or a court order) in order to show a father’s name on the birth certificate when the child’s mother is unmarried. Therefore, all six states in the Denver region can use the EAB Numident for proof of relationship under 216(h) (3) written acknowledgement.

 

To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0200306120DEN
GN DEN00306.120 - Using Information from Child's BC as Written Acknowledgment or Proof of Court Order - 05/29/2024
Batch run: 05/29/2024
Rev:05/29/2024