DNA Testing In North Dakota

North Dakota Paternity Law: Chapter 14 – Section 20

14-20-10. (204) Presumption of paternity.

1. A man is presumed to be the father of a child if:

a. He and the mother of the child are married to each other and the child is born during the marriage;

b. He and the mother of the child were married to each other and the child is born within three hundred days after the marriage is terminated by death, annulment, declaration of invalidity, divorce, or after a decree of separation;

c. Before the birth of the child, he and the mother of the child married each other in apparent compliance with law, even if the attempted marriage is or could be declared invalid, and the child is born during the invalid marriage or within three hundred days after its termination by death, annulment, declaration of invalidity, divorce, or after a decree of separation.

d. After the birth of the child, he and the mother of the child married each other in apparent compliance with law, whether or not the marriage is or could be declared invalid, and he voluntarily asserted his paternity of the child, and:

(1) The assertion is in a record filed with the state department of health;

(2) He agreed to be and is named as the child’s father on the child’s birth certificate; or

(3) He promised in a record to support the child as his own; or

e. For the first two years of the child’s life, he resided in the same household with the child and openly held out the child as his own.

2. A presumption of paternity established under this section may be rebutted only by an adjudication under sections 14-20-36 through 14-20-58.

14-20-11. (301) Acknowledgment of paternity.

The mother of a child and a man claiming to be the genetic father of the child may sign an acknowledgment of paternity with intent to establish the man’s paternity.

14-20-12. (302) Execution of acknowledgment of paternity.

1. An acknowledgment of paternity must:

a. Be in a record;

b. Be signed, or otherwise authenticated, under penalty of perjury by the mother and by the man seeking to establish his paternity;

c. State that the child whose paternity is being acknowledged:

(1) Does not have a presumed father, or has a presumed father whose full name is stated; and

(2) Does not have another acknowledged or adjudicated father;

d. State whether there has been genetic testing and, if so, that the acknowledging man’s claim of paternity is consistent with the results of the testing; and

e. State that the signatories understand that the acknowledgment is the equivalent of a judicial adjudication of paternity of the child and that a challenge to the acknowledgment is permitted only under limited circumstances and is barred after one year.

2. An acknowledgment of paternity is void if it:

a. States that another man is a presumed father, unless a denial of paternity signed or otherwise authenticated by the presumed father is filed with the state department of health;

b. States that another man is an acknowledged or adjudicated father; or

c. Falsely denies the existence of a presumed, acknowledged, or adjudicated father of the child.

3. A presumed father may sign or otherwise authenticate an acknowledgment of paternity.

14-20-13. (303) Denial of paternity.

A presumed father may sign a denial of his paternity. The denial is valid only if:

1. An acknowledgment of paternity signed, or otherwise authenticated, by another man is filed pursuant to section 14-20-15;
2. The denial is in a record, and is signed, or otherwise authenticated, under penalty of perjury; and
3. The presumed father has not previously:

a. Acknowledged his paternity, unless the previous acknowledgment has been rescinded pursuant to section 14-20-17 or successfully challenged pursuant to section 14-20-18; or

b. Been adjudicated to be the father of the child.

14-20-14. (304) Rules for acknowledgment and denial of paternity.

1. An acknowledgment of paternity and a denial of paternity may be contained in a single document or may be signed in counterparts, and may be filed separately or simultaneously. If the acknowledgment and denial are both necessary, neither is valid until both are filed.
2. An acknowledgment of paternity or a denial of paternity may be signed before the birth of the child.
3. Subject to subsection 1, an acknowledgment of paternity or denial of paternity takes effect on the birth of the child or the filing of the document with the state department of health, whichever occurs later.
4. An acknowledgment of paternity or denial of paternity signed by a minor is valid if it is otherwise in compliance with this chapter.
5. An acknowledgment of paternity or denial of paternity may be completed for a child who was not born in this state.

14-20-15. (305) Effect of acknowledgment or denial of paternity.

1. Except as otherwise provided in sections 14-20-17 and 14-20-18, a valid acknowledgment of paternity filed with the state department of health is equivalent to an adjudication of paternity of a child and confers upon the acknowledged father all of the rights and duties of a parent and must be recognized as a basis for a support order in any proceeding to establish, enforce, or modify a support order.
2. Except as otherwise provided in sections 14-20-17 and 14-20-18, a valid denial of paternity by a presumed father filed with the state department of health in conjunction with a valid acknowledgment of paternity is equivalent to an adjudication of the nonpaternity of the presumed father and discharges the presumed father from all rights and duties of a parent.

Required Probability of Paternity for North Dakota Courts: 99%
Required Paternity Index: 1 to 100