New Hampshire Revised Statutes 5-C:24 – Affidavit of Paternity
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I. In the case of a child born in the state of New Hampshire whose paternity has not been established by means of an affidavit of paternity, the mother or the natural father may initiate a request for an acknowledgment of paternity.
II. The affidavit of paternity shall be completed and filed in accordance with N.H. Rev. Stat. § 5-C:25.
III. A hospital shall attempt to have the affidavit of paternity completed in the hospital, but if an affidavit is not completed before the birth record is sent to the division and the paternity is not yet established, then the phrase “not stated” shall be inserted for the father’s name.
IV. If the affidavit of paternity is not completed in the hospital, the mother and natural father shall contact the clerk of the town or city to execute the affidavit of paternity.
V. The natural father’s name, date of birth, and state of birth shall be added to the birth record by the clerk of the town or city upon the registrar’s receipt of a sworn, notarized affidavit of paternity.
VI. A copy of the completed affidavit of paternity shall be forwarded by the hospital to the department of health and human services, division of child support services and the original to the division.
VII. If the mother or natural father is not of legal age, then each signature on the affidavit of paternity form of a person under the age of 18 shall be accompanied by the signature of his or her parent or legal guardian.
VIII. When an affidavit of paternity is executed after the death of a child, a notation shall be made on the affidavit indicating that the child is deceased and that the changes authorized on the birth record are also applicable to the death record.
IX. When the married mother of a child born in a hospital indicates that her husband is not the natural father of the child but because of time constraints a 3-party affidavit of paternity cannot be executed before she leaves the hospital, the surname of the child shall be any name chosen by the mother and the hospital shall enter “not stated” on the birth record for all information pertaining to the father of the child. The mother, natural father, and husband shall subsequently sign a 3-party affidavit of paternity form, with each signature notarized, and submit it to the clerk of the city or town where the birth occurred. Upon receipt of the signed and notarized 3-party affidavit of paternity, the clerk shall create a new birth record for the child, reflecting the new name of the child as well as the natural father’s information. The natural father may sign the affidavit before the birth of the child has occurred, but the mother’s signature shall not be affixed to the affidavit form until after the birth of the child.
X. When an unwed mother applies to the clerk of a town or city wishing to add the name of a father to her child’s birth record the following shall apply: the affidavit of paternity shall be executed prior to the child’s 18th birthday; the natural father to be named shall personally sign the affidavit; if signed separately, each signature shall be separately notarized; in those cases where the alleged natural father is deceased, the mother shall present her request in the form of petition to a court of competent jurisdiction; and, if the court approves the request, the resulting court order shall be processed by the clerk of the town or city in the same manner as a court determination of paternity and in accordance with N.H. Rev. Stat. § 5-C:26.
XI. Once the surname of the child has been established through an executed affidavit of paternity, any subsequent change shall be made upon receipt of a certified copy of a legal change of name issued by a court of competent jurisdiction.
II. The affidavit of paternity shall be completed and filed in accordance with N.H. Rev. Stat. § 5-C:25.
Terms Used In New Hampshire Revised Statutes 5-C:24
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- petition: when used in connection with the equity jurisdiction of the superior court, and referring to a document filed with the court, shall mean complaint, and "petitioner" shall mean plaintiff. See New Hampshire Revised Statutes 21:51
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
- sworn: when applied to public officers required by the constitution to take oaths therein prescribed, shall refer to those oaths; when applied to other officers it shall mean sworn to the faithful discharge of the duties of their offices before a justice of the peace, or other person authorized to administer official oaths in such cases. See New Hampshire Revised Statutes 21:25
III. A hospital shall attempt to have the affidavit of paternity completed in the hospital, but if an affidavit is not completed before the birth record is sent to the division and the paternity is not yet established, then the phrase “not stated” shall be inserted for the father’s name.
IV. If the affidavit of paternity is not completed in the hospital, the mother and natural father shall contact the clerk of the town or city to execute the affidavit of paternity.
V. The natural father’s name, date of birth, and state of birth shall be added to the birth record by the clerk of the town or city upon the registrar’s receipt of a sworn, notarized affidavit of paternity.
VI. A copy of the completed affidavit of paternity shall be forwarded by the hospital to the department of health and human services, division of child support services and the original to the division.
VII. If the mother or natural father is not of legal age, then each signature on the affidavit of paternity form of a person under the age of 18 shall be accompanied by the signature of his or her parent or legal guardian.
VIII. When an affidavit of paternity is executed after the death of a child, a notation shall be made on the affidavit indicating that the child is deceased and that the changes authorized on the birth record are also applicable to the death record.
IX. When the married mother of a child born in a hospital indicates that her husband is not the natural father of the child but because of time constraints a 3-party affidavit of paternity cannot be executed before she leaves the hospital, the surname of the child shall be any name chosen by the mother and the hospital shall enter “not stated” on the birth record for all information pertaining to the father of the child. The mother, natural father, and husband shall subsequently sign a 3-party affidavit of paternity form, with each signature notarized, and submit it to the clerk of the city or town where the birth occurred. Upon receipt of the signed and notarized 3-party affidavit of paternity, the clerk shall create a new birth record for the child, reflecting the new name of the child as well as the natural father’s information. The natural father may sign the affidavit before the birth of the child has occurred, but the mother’s signature shall not be affixed to the affidavit form until after the birth of the child.
X. When an unwed mother applies to the clerk of a town or city wishing to add the name of a father to her child’s birth record the following shall apply: the affidavit of paternity shall be executed prior to the child’s 18th birthday; the natural father to be named shall personally sign the affidavit; if signed separately, each signature shall be separately notarized; in those cases where the alleged natural father is deceased, the mother shall present her request in the form of petition to a court of competent jurisdiction; and, if the court approves the request, the resulting court order shall be processed by the clerk of the town or city in the same manner as a court determination of paternity and in accordance with N.H. Rev. Stat. § 5-C:26.
XI. Once the surname of the child has been established through an executed affidavit of paternity, any subsequent change shall be made upon receipt of a certified copy of a legal change of name issued by a court of competent jurisdiction.