Paternity in Nevada

What is paternity?

Paternity means fatherhood. Establishing paternity means making the biological father a legal father too.

Why is establishing paternity important?

Both parents and the child have the right to a parent-child relationship. Both parents and the child deserve an opportunity to develop, enjoy and grow in this relationship.

• Identity: It is important to know who we are. Your child has the right to the sense of belonging that comes from knowing both parents.
• Money: The law requires both parents to support their child(ren). This is true even with an unplanned pregnancy. Children supported by one parent often do not have enough money for their needs.
• Benefits: Your child has the right to other benefits from both parents. These may include Social Security, insurance benefits, inheritance rights, veterans and other types of benefits.
• Medical:  Your child may need a complete medical history from the families of both parents. This could include inherited health problems.

Both parents have the right to know and the responsibility to support their son or daughter.

How is the legal paternity established?

If the mother is married or widowed at the time of birth, her husband is considered by law to be the father unless:

• If the mother is married or widowed at the time of birth, her husband is considered by law to be the father unless:
• A court has issued an order establishing that a person, other than the mother's husband, is the father, or
• The mother and alleged father, other than the mother's husband, have signed an affidavit for the voluntary acknowledgement of paternity.
• If the mother is not married at the time of conception or birth, paternity can be established in two ways:
• Both parents can sign a voluntary acknowledgment of paternity which is filed with the state registrar of vital statistics.
• A judge can declare a man the legal father of a child after a court hearing or by a default order.

How can the father voluntarily acknowledge paternity?

To voluntarily acknowledge paternity, both parents must sign papers acknowledging paternity. The paternity affidavit must be notarized and filed with the state registrar of vital statistics. Before signing the form, the father must provide picture identification and his Social Security Number. Most hospitals have this service available after the child's birth.

The father can sign a paternity affidavit even if he is married to someone else.

What if the alleged father refuses to acknowledge Paternity?

If the alleged father refuses to acknowledge paternity, the mother or the Nevada State Welfare Division (if the child is receiving public assistance) may bring a paternity suit to have the matter resolved. The alleged father is entitled to a hearing in court to prove if he is the father.

What if I am not sure who the father of my child is?

Telephone your local district attorney's office,  Family Support Division or the State Child Support Enforcement Program,  whose number is listed at the bottom of this page. They will help you in identifying and locating (if necessary) the alleged father. You do not have to be on public assistance to seek help from the Child Support Enforcement Program.

When is paternity genetic testing necessary?

When the alleged father questions or denies paternity.

How is paternity testing done?

If genetic testing is ordered by your local district attorney's office, the State Child Support Office or a court, you will be scheduled for testing in the area where you live. A sample of cells is taken from the alleged father, the mother and the child. A laboratory provides the testing. The tests compare many different and complex details of the child's cells with similar details in the mother's and alleged father's cells.

What does paternity genetic testing show?

The tests can show the man is not the father of the child. The tests also can show the man probably is the father. Genetic testing is very accurate.

Who pays for the genetic testing?

A court decides who pays for genetic testing. A court usually orders the alleged father to pay the costs.

What if the father or mother is not 18?

A person of any age can be tested. The age of the father or mother is not relevant under Nevada paternity establishment laws.

How long after a child is born can paternity be established?

Nevada law permits paternity action to be started anytime before the child reaches the age of 21.

Can the name of the father be put on the child's birth certificate?

That depends on the situation:

• A married woman's husband will be recorded as the father on the child's birth certificate.*
• When a woman has been divorced or widowed for less than ten months, her husband at the time of  conception is named as the father on the child's birth certificate.*
• When the mother is not married at the time of conception or birth, the name of the father can appear on the child's birth certificate if a  paternity affidavit has been completed and notarized first.*
• When the court establishes paternity, the name of the father as determined by the court will be entered on the birth certificate.

*It is illegal to provide false information on a child's birth certificate.

If we decide to voluntarily acknowledge paternity, what other steps should we take?

• The paternity affidavit must be filed with the state registrar of vital statistics.
• If you cannot mutually agree on matters of child support, visitation and custody, you may get a court order. A court order for support does not automatically include custody or visitation.

Where do I get help in establishing a court order?

Telephone your local district attorney's office, Family Support Division, or the State Child Support Enforcement Program whose number is listed on the back of this pamphlet. You do not have to be on public assistance to seek help from the Child Support Enforcement Program. Private attorneys also can file establishment, custody and visitation and enforcement actions.

How is child support determined?

Child support is set by a formula found in the Nevada Revised Statutes. This formula considers the non-custodial parent's gross income and the number of children he supports. Costs of the baby's birth and other medical costs may be included in the child support order.

Does the father have the right to see or visit the child?

Visitation can be a mutual arrangement between the parents or established by a court order. The father has the right to seek court-ordered custody and visitation.

Can paternity be established if the father lives outside of Nevada?

Yes. Sometimes this can be done through Nevada courts. If not, the Child Support Enforcement Program will help to locate the alleged father and/or initiate interstate procedures.

Why is now the right time to establish paternity?

Your child has the right to expect regular and continued support from both parents. When you wait, you take the chance things may change and you may not have an opportunity to assume responsibility for your child. Your child may grow up without the advantages and benefits that come from having both parents share in parental responsibilities. Give your baby the best possible chance in life by getting paternity established now.

FOR MORE INFORMATION ON:

• Acknowledging Paternity Or Obtaining A Court Order,  call your local district attorney's office,  Family Support Division or the  State Child Support Enforcement Program.
• Amending The Birth Certificate, call the Bureau of Health Planning and Statistics at (775) 684-4242.

-- Nevada Department of Human Resources
WELFARE DIVISION