What is an Acknowledgment of Paternity Affidavit?

Because all kids deserve the benefits that legal fatherhood can provide.

If unmarried, and both parties agree they are the biological parents of the child, the "Acknowledgment of Paternity Affidavit” (JFS 07038) can be completed. By signing the form, parents are establishing paternity for their child - meaning legally recognized fatherhood. Completing this form is voluntary, it’s free, and is the quickest way to establish paternity. Once completed, the Acknowledgement of Paternity Affidavit is used to add the biological father to the child’s birth certificate.

The paternity affidavit should not be used by:

  • A married mother

  • A mother divorced within 300 days of the child’s birth unless she obtained a final divorce decree stating the husband is not the father of the child.

  • A mother who is legally separated from her husband

If there are any doubts about who the father of the child is, do not sign the Acknowledgment of Paternity Affidavit. You may want to get genetic testing completed before you make a decision.

There are unique circumstances that may prevent an individual from using the affidavit to establish paternity. If you are unsure, contact your local CSEA. Click here to locate the CSEA in your county.

Learn more about health restrictions and tips on how to be prepared for establishing paternity at the hospital.

 

What are the requirements to complete an Acknowledgment of Paternity Affidavit (JFS 07038)?

  • Both parents must provide their full name, current address, date of birth, and Social Security Number (if they have one). The father must also provide his state or country of birth.

  • Both the biological father and mother of the child must sign the affidavit. The affidavit may be signed by a parent without being in the other parent’s presence. Each parent's signature must be notarized or witnessed by two adult witnesses at the time of signing. 

  • Parents must provide a picture ID if signing in the presence of a notary; witnesses do not require a picture ID. 

  • Adult family members may be a witness. Neither parent may sign as a witness to the other parent’s signature.

Witnesses and notaries are provided free of charge at hospitals, local registrars/health departments, and CSEAs.

 

Where can I complete a paternity affidavit?

The Acknowledgment of Paternity Affidavit can be completed at these locations:

  • At the time of the birth, unmarried parents are offered the opportunity to complete the affidavit at the hospital or birth facility.

  • Afterwards, an affidavit may be completed at your local health department. Click here to find a health department.

  • Affidavits may also be completed at a child support enforcement agency (CSEA). Click here to locate the CSEA in your county.

All of these locations have trained staff available to assist parents in completing an affidavit. They also have staff who can notarize or witness the parents’ signatures. If the form is notarized, parents must provide a suitable picture identification to the notary.

Either parent can also call the Ohio Central Paternity Registry (CPR) at 1-888-810-OHIO (6446) and request a blank copy of the form to be mailed to you.

 

Completing the Affidavit – There are Two Types

There are two types of affidavits available. One requires the form to only be signed in the presence of a notary. The other form must be witnessed by two adult witnesses or before a notary. Both forms are acceptable.

Before a notary

If completing on your own and before a notary, complete the Child’s Information section first. Then the mother and father should take the following steps:

1.   Fill out the information in the Mother’s and Father’s Affirmation sections.

  • See page 1 for specific instructions and other important information. Be sure to review the entire page before filling out and signing the affidavit.

  • You may also view our sample affidavit to make sure you have completed each field properly. Click on the affidavit image below to enlarge.

2. Sign the form before a notary.

  • Both parents must sign the affidavit before a notary, but this does not have to be done by the same notary or in each other’s presence.

3. The parent who completes the last notarized signature should mail the completed affidavit to the Ohio Central Paternity Registry using the address listed on the affidavit.

Sample Affidavit: click image to enlarge

By two witnesses or before a notary

The form allows parents to sign in the presence of a notary or two adult witnesses. If completing on your own, complete the Child’s Information section first. Then the mother and father should take the following steps:

1.   Fill out the information in the Mother’s and Father’s Information sections.

  • See page 1 for specific instructions and other important information. Be sure to review the entire page before filling out and signing the affidavit.

  • You may also view our sample affidavit to make sure you have completed each field properly. Click on the affidavit image below to enlarge.

2. Sign the form before a notary or two adult witnesses.

  • Both parents can either sign the affidavit before a notary or two adult witnesses, but this does not have to be done by the same notary/witnesses or in each other’s presence.

  • Parents can get the affidavit notarized for free at their local child support enforcement agency or health department/vital statistics office.

  • Adult family members may be a witness. Neither parent may sign as a witness to the other parent’s signature.

3. The parent who completes the last notarized or witnessed signature should mail the completed affidavit to the Ohio Central Paternity Registry using the address listed on the affidavit.

Sample Affidavit: click image to enlarge

 
 

Do you have any questions? Check out our FAQs Page


Rescission Information

Either person who signed the Acknowledgment of Paternity Affidavit may request that the affidavit be rescinded (withdrawn) within 60 days of the last signature on the affidavit.

The child support enforcement agency where the child or guardian or legal custodian of the child resides can assist with this process. It involves filling out a rescission form, signing up for genetic testing, and completing genetic testing. The CSEA will issue an order of paternity based on the results.

The CPR will forward the notice to the Ohio Department of Health and the birth record will be put on hold until paternity is established. Once genetic testing is complete and the CSEA issues an administrative order determining paternity, the child’s birth record will be updated by Ohio Department of Health (ODH).

After the 60-day period, either party may bring a court action to rescind within one year after it has become final.

A man presumed to be the father of the child under Ohio law who did not sign the affidavit, either person who signed the affidavit, or a guardian or legal custodian of the child may bring an action to rescind the affidavit on the basis of fraud, duress, or material mistake of fact.

After one year past the date of signing the affidavit, a person may file a motion for relief from the final acknowledgment of paternity in a court action under Ohio Revised Code sections 3119.96 through 3119.967.