Establishing Parents on the Birth Certificate
Establishing parents means the names listed on your child’s birth certificate are the legal parents of the child. It is important to have two legal parents because:
- Without two legal parents, a child may not qualify for Social Security, healthcare or child support benefits.
- Only a legal parent can list their child as a receiver of their healthcare insurance and/or Social Security or veteran’s benefits.
- It provides the child added financial protection if the parents do not stay together, since both legal parents must provide financial support for the child.
Establishing Paternity for Your Baby
To determine whether or not a parent is a “legal” parent of the child, use the following guidelines:
Married Parents:
A male spouse is the legal father of a child if:
- The mother and father of the child were married when the child was born.
- The mother and father of the child were married when the child was conceived.
- The mother and father of the child were married any time during the 300 days before the child was born.
Even if the parents finalized a divorce during the 300 days before the baby was born, the ex-husband is still considered the legal father unless they have a divorce decree specifically stating the ex-husband is not the biological father of the child.
A female spouse can be listed as a legal parent of the child if they are married to the mother of the child when the child is born.
If two male parents seek to be the legal parents of the child on the birth certificate, they must have proper documentation from the court with them at the hospital when the baby is being born. We will make a copy of the documents and they will be sent to the state of Ohio for final approval. If the parents do not have the correct paperwork, then the mother of the child, or surrogate will be listed on the birth certificate.
If the mother of the child is married to someone other than the child’s biological father at the time the baby is born, there are several options available. If mother decides not to put their husband's information on the birth parent worksheet, the birth certificate and social security card will be placed on hold until paternity is established through a DNA test. If mother decides to put their husband's (or ex-husband's) information on the birth parent worksheet, a birth certificate and social security card will be issued but paternity will still need to be established through a DNA test. This can be done through the CSEA.
If you have questions, contact the Summit County Child Support Enforcement Agency (CSEA) at 330.643.2765.
Unmarried Parents:
If the mother and biological father of the child are not married when the child is born, the child does not have a legal father unless paternity is acknowledged. If you are a single mother and want to acknowledge the child's father on the birth certificate, a paternity acknowledgment form (called an affidavit) must be completed and signed by both parents.
Acknowledging paternity is voluntary. Biological fathers can acknowledge paternity by completing the affidavit at the hospital, the local registrar's office or online. Paternity affidavits must be signed in the presence of a notary public. Both parents must present a valid photo ID prior to signing documents. The father's name will not be added to a birth certificate without a completed and notarized paternity acknowledgment form.
If a father is unsure about paternity, they should request genetic testing before signing a paternity affidavit. Genetic testing can be administered through the local child support enforcement agency (CSEA).
You may contact the following agency for more information:
Summit County Public Health Office of Vital Statistics
