Affidavit of Denial of Paternity (AOD)

Mother and father holding newborn baby.jpeg

For married people, the husband at the time of birth or 300 days prior to birth is presumed to be the father of a child born to his wife. He does not have to take any further action to establish his paternity. This form should not be signed if the husband at the time of birth or 300 days prior to birth (presumed father) wants his name and information on the child’s birth certificate.

A husband and wife can sign the Affidavit of Denial of Paternity (AOD), if both the husband (presumed father) and wife are stating that the husband is not the biological father of the child named on the form.

Since this form has legal consequences, you may want to consult an attorney before signing. The legal consequences include:

By signing the form, the presumed father gives up legal rights and responsibilities to be the father of the child, including the right to visitation and custody and the responsibility to support the child financially;
By signing the form, the mother may give up the right to seek financial support from the presumed father and to have the presumed father’s name on the child’s birth certificate;
Signing the form allows the presumed father to keep his information off the child’s birth certificate. If the form is not signed by the mother and the presumed father, the presumed father’s information will appear on the birth certificate;
If the form is signed by the mother and the presumed father, the biological father and mother must complete a Certificate of Parentage (COP) to keep the husband’s information off the child’s birth certificate and to place the biological father’s information on the birth certificate; and
The form may be filed with the court in a subsequent proceeding to help determine whether or not the presumed father is the child’s legal father.

This Affidavit is not a public record. It will be available only to the presumed father, the parents, and the child named on this form, the child’s legal guardian or representative, or government officials in the conduct of their official duties.