Printable Format23-2204. Acknowledgment of paternity forms. (a) The state registrar of vital statistics, in conjunction with the secretary for children and families, shall review and, as needed, revise acknowledgment of paternity forms for use under K.S.A. 23-2223 and K.S.A. 65-2409a, and amendments thereto. The acknowledgment of paternity forms shall include or have attached a written description pursuant to subsection (b) of the rights and responsibilities of acknowledging paternity.
(b) A written description of the rights and responsibilities of acknowledging paternity shall state the following:
(1) An acknowledgment of paternity creates a permanent father and child relationship which can only be ended by court order. A person who wants to revoke the acknowledgment of paternity must file the request with the court before the child is one year old, unless the person was under age 18 when the acknowledgment of paternity was signed. A person under age 18 when the acknowledgment was signed has until one year after his or her 18 th birthday to file a request, but if the child is more than one year old then, the judge will first consider the child's best interests.
The person will have to show that the acknowledgment was based on fraud, duress (threat) or an important mistake of fact, unless the request is filed within 60 days of signing the acknowledgment or before any court hearing about the child, whichever is earlier;
(2) both the father and the mother are responsible for the care and support of the child. If necessary, this duty may be enforced through legal action such as a child support order, an order to pay birth or other medical expenses of the child or an order to repay government assistance payments for the child's care. A parent's willful failure to support the parent's child is a crime;
(3) both the father and the mother have rights of custody and parenting time with the child unless a court order changes their rights. Custody, residency and parenting time may be spelled out in a court order and enforced;
(4) both the father and the mother have the right to consent to medical treatment for the child unless a court order changes those rights;
(5) the child may inherit from the father and the father's family or from the mother and the mother's family. The child may receive public benefits, including, but not limited to, social security or private benefits, including, but not limited to, insurance or workers compensation because of the father-child or mother-child relationship;
(6) the father or the mother may be entitled to claim the child as a dependent for tax or other purposes. The father or the mother may inherit from the child or the child's descendants; and
(7) each parent has the right to sign or not sign an acknowledgment of paternity. Each parent has the right to talk with an attorney before signing an acknowledgment of paternity. Each parent has the right to be represented by an attorney in any legal action involving paternity or their rights or duties as a parent. Usually each person is responsible for hiring the person's own attorney.
(c) Any duty to disclose rights or responsibilities related to signing an acknowledgment of paternity shall have been met by furnishing the written disclosures of subsection (b). Any duty to disclose orally the rights or responsibilities related to signing an acknowledgment of paternity may be met by means of an audio recording of the disclosures of subsection (b).
(d) An acknowledgment of paternity completed without the written disclosures of subsection (b) is not invalid solely for that reason and may create a presumption of paternity pursuant to K.S.A. 23-2208, and amendments thereto. Nothing in K.S.A. 23-2202 through 23-2204, and amendments thereto, shall decrease the validity, force or effect of an acknowledgment of paternity executed in this state prior to the effective date of this act.
(e) Upon request, the state registrar of vital statistics shall provide a certified copy of the acknowledgment of paternity to an office providing IV-D program services.
History: L. 1994, ch. 292, § 3; L. 1997, ch. 182, § 67; L. 2000, ch. 171, § 12; L. 2014, ch. 115, § 33; July 1.
Source or Prior Law:
38-1138.
Law Review and Bar Journal References:
"Challenging the Presumption of Paternity," Sheila Reynolds, 65 J.K.B.A. No. 10, 36 (1996).
"For Love or Money: The Kansas Supreme Court's Problematic Acceptance of the 'Best Interests of the Child' Standard in an Intestate Claim [Reese v. Muret, 150 P.3d 309 (Kan. 2007)]," Angela Chesney Herrington, 47 W.L.J. 177 (2007).
CASE ANNOTATIONS
1. Presumption of paternity rebutted by genetic testing. State ex rel. Secretary of SRS v. Kimbrel, 43 Kan. App. 2d 790, 231 P.3d 576 (2010).
2. An individual who signs a voluntary acknowledgement of paternity may only revoke the acknowledgement by satisfying the requirements in K.S.A. 23-2209, otherwise the acknowledgement creates a permanent father and child relationship. State ex rel. Secretary of DCF v. Smith, 306 Kan. 40, 48, 392 P.3d 68 (2017).
3. Parties' marriage annulment does not revoke or terminate a voluntary acknowledgement of paternity, because a separate action and court order must revoke paternity. Osborn v. Anderson, 56 Kan. App. 2d 449, 460, 431 P.3d 875 (2018).
4. If a man fails to revoke a voluntary acknowledgment of paternity within one year, a permanent father and child relationship is created that cannot be rebutted by genetic testing. State ex rel. Secretary of Dep't for Children and Families v. Manson, 56 Kan. App. 2d 1241, 1245-46, 446 P.3d 1074 (2019).