Free Oregon 45 21 PDF Template

Free Oregon 45 21 PDF Template

The Oregon 45 21 form, officially known as the Voluntary Acknowledgment of Paternity Affidavit, is a legal document that allows parents to establish paternity for their child after leaving the hospital or birthing facility. This form must be signed by both parents in the presence of a notary public and is crucial for ensuring the father's name appears on the birth certificate. For those needing to fill out this important document, click the button below to get started.

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The Oregon 45-21 form, officially known as the Voluntary Acknowledgment of Paternity Affidavit, plays a crucial role for non-married parents in establishing paternity. This form is designed for mothers who have given birth and wish to acknowledge the biological father of their child, even if they did not do so at the hospital or birthing facility. Parents must complete the form in the presence of a notary public, ensuring that all necessary information is accurately provided, as incomplete or altered forms will not be accepted. The form includes specific instructions regarding eligibility, such as the implications for married mothers and the legal requirements for signing. Notably, it allows parents a 60-day window to rescind the acknowledgment if they have doubts about the father's identity. Additionally, the form must be filed with the State Vital Records office, and parents should be aware of potential fees associated with amendments or obtaining certified copies of the birth certificate. Understanding the nuances of this form is essential for ensuring that parental rights are established correctly and efficiently.

Instructions on Writing Oregon 45 21

Completing the Oregon 45-21 form is a crucial step for parents wishing to establish paternity after the birth of their child. This process ensures that the father's name can be added to the child's birth certificate. Below are the detailed steps to fill out this form correctly.

  1. Obtain the Voluntary Acknowledgment of Paternity Affidavit (Form 45-21) from a hospital, county health department, or the State Vital Records office.
  2. Carefully read all instructions provided with the form to understand the requirements.
  3. Fill in Section 1 with the child’s information, including the child’s new last name. Ensure this section is complete to avoid issues later.
  4. Complete Section 2 with the mother’s details. Include her maiden surname, which is her last name at birth.
  5. Fill out Section 3 with the father’s information. If any details like Social Security Number or address are unknown, write “None” or “Unknown” in the relevant spaces.
  6. If applicable, complete Section 4 with the Date and County of Marriage.
  7. Do not leave any spaces blank. If a parent refuses to provide information, enter “Refused” in the space provided.
  8. Ensure that both parents print their names clearly in the designated areas. Signatures must be written in the presence of a notary public.
  9. Do not complete the bottom portion of the affidavit until you are with the notary. The notary will fill out their section after witnessing the signatures.
  10. Double-check that all information is accurate and matches the birth certificate or birth worksheets.
  11. Once completed, remove the first page of instructions and keep it for your records. Send the second page to the State Vital Records office and retain the last two pages for your personal records.

After submitting the form, it will become part of a sealed file. Remember that parents have a 60-day window to rescind the acknowledgment if necessary. For any questions or further assistance, parents can contact the State Vital Records office.

Common Questions

What is the Oregon 45 21 form?

The Oregon 45 21 form, officially known as the Voluntary Acknowledgment of Paternity Affidavit, is a legal document that allows parents to establish paternity for their child. This form is particularly important for non-married parents who wish to have the father's name included on the child's birth certificate. It must be signed by both parents in the presence of a notary public.

Who can use the Oregon 45 21 form?

This form is available for non-married mothers who want to acknowledge the paternity of their child. However, if the mother was married 300 days before the child's birth or during her pregnancy, her husband is considered the legal father, even if he is not the biological father. In such cases, a court order is required to name a different biological father.

What happens if I need to rescind the acknowledgment?

Parents have 60 days after filing the Voluntary Acknowledgment of Paternity to remove the father's name from the birth certificate. To do this, either parent can request information from the state office and must complete a "Rescind of Paternity" form. This must be postmarked within 60 days of the original filing. The only valid reason for rescinding is if there is uncertainty about the man’s paternity.

What are the requirements for completing the form?

When filling out the form, both parents must provide accurate information and sign it in front of a notary. It is essential to avoid any alterations or blank spaces on the form. If certain information is not available, parents should write "none," "unknown," or "refused" as appropriate. The form will be rejected if it is incomplete or has errors.

What is the fee associated with filing the form?

There is a $30 amendment fee for adding the father's name to the birth record if the form is not filed within 14 days of the child's birth. Additionally, if a new certified copy of the birth certificate is needed, there is a $20 fee for that as well. It’s best to file the form promptly to avoid these extra costs.

Misconceptions

Misconception 1: The Oregon 45 21 form can be signed at any time after the child's birth.

This is not true. While the form can be signed outside of a hospital, it must be completed within a specific timeframe. If parents do not file the form within 14 days of the child's birth, they will incur a $30 amendment fee.

Misconception 2: The father’s name can be easily added to the birth certificate without any restrictions.

In fact, if the mother was married within 300 days prior to the child's birth, her husband is automatically listed as the father, regardless of biological connection. To change this, a court order is necessary.

Misconception 3: The form can be filled out by a notary public.

This is incorrect. Parents must print and sign their names on the form themselves. The notary can only witness the signatures; they cannot fill out any part of the form.

Misconception 4: Once the form is filed, the father’s name cannot be removed from the birth certificate.

Actually, either parent has the right to rescind the acknowledgment within 60 days of filing. A specific form must be completed to remove the father's name.

Misconception 5: Minor corrections on the form are allowed without any issues.

This is misleading. Only minor corrections initialed by the person filling out the form are accepted. Major changes, especially to the child’s surname, will invalidate the form.

Similar forms

The Oregon 45 21 form shares similarities with the Acknowledgment of Paternity form used in many other states. This document serves a similar purpose by allowing unmarried parents to legally establish paternity. Like the Oregon form, it typically requires both parents' signatures and often necessitates notarization. The process ensures that the biological father is recognized, which can have implications for child support and custody arrangements. Just as in Oregon, most states have specific guidelines regarding the timeframe for filing this acknowledgment after the child's birth, emphasizing the importance of timely action in establishing legal parentage.

Another document that parallels the Oregon 45 21 form is the Affidavit of Parentage. This affidavit is often used in various jurisdictions to affirm the relationship between a parent and child. Similar to the Oregon form, it requires signatures from both parents and may also need to be notarized. The Affidavit of Parentage can be filed at any point after the child's birth, allowing parents flexibility in establishing their child's legal father. This document also typically includes information about the parents and child, ensuring that all necessary details are recorded for legal purposes.

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The Birth Certificate Application is another related document. While the Oregon 45 21 form specifically addresses paternity acknowledgment, the Birth Certificate Application is essential for officially recording the child's birth and parentage. In many cases, parents can include the father's name on the birth certificate at the time of filing, especially if they complete a paternity acknowledgment form like the 45 21. Both documents work in conjunction to ensure that the child's legal identity and family structure are accurately represented in official records.

Lastly, the Rescind of Paternity form is closely tied to the Oregon 45 21 form. This document allows parents to withdraw their acknowledgment of paternity within a specified timeframe, usually 60 days. The process is designed to ensure that if there are doubts about the biological relationship, parents can correct the record without facing legal penalties. Just like the Oregon 45 21, the Rescind form must be properly completed and filed to be valid, ensuring that both parents have a clear and fair opportunity to address any concerns regarding paternity.

Dos and Don'ts

When filling out the Oregon 45-21 form, it is essential to adhere to specific guidelines to ensure the process goes smoothly. Below are five things you should and shouldn't do.

  • Do ensure that both parents sign the form in the presence of a notary public.
  • Do complete all sections of the form, leaving no blanks. Use "none" or "unknown" where applicable.
  • Do verify that the names on the form match those on the birth certificate.
  • Do remove the first page of instructions after completing the affidavit; it can be discarded.
  • Do check that the date next to the parent signatures matches the date next to the notary's signature.
  • Don't use white-out or make any corrections to the child's surname on the form.
  • Don't leave any spaces blank; every field must be filled out.
  • Don't sign the affidavit without a notary present for the bottom portion of the form.
  • Don't attempt to submit forms dated before January 8, as they will be rejected.
  • Don't forget to ask for assistance from county or state staff if needed, as they can help with notarization.

Document Overview

Fact Name Description
Effective Date The Oregon Voluntary Acknowledgment of Paternity Affidavit (Form 45-21) became effective on September 11, 2014.
Availability This form is available through the Center for Health Statistics, county vital records offices, and hospitals for all non-married mothers.
Signing Requirements Both parents must sign the form in the presence of a notary public for it to be valid.
Legal Restrictions The form is invalid if either parent has signed a consent to adoption, had their parental rights terminated, or has been adjudicated as not the biological parent.
Rescission Period Parents have 60 days after filing to rescind the acknowledgment by submitting a "Rescind of Paternity" form.
Amendment Fee There is a $30 fee for adding the father's name to the birth record after the record has been filed, unless done within 14 days of birth.
Governing Laws The form is governed by Oregon Revised Statutes (ORS) 109.070 and the provisions of House Bill 2382 from the 2007 Oregon Legislative Session.