Paternity Acknowledgment Form - New Mexico

The New Mexico Department of Health has released this version of the "Paternity Acknowledgment Form" on February 1, 2012.

This form may be used by all New Mexico residents: download the printable PDF by clicking the link below and use it according to the applicable legal guidelines.

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AOP Page 1 of 4
NOTES AND INSTRUCTIONS
Each parent should carefully read all notes and instructions before parents complete and sign Acknowledgment
of Paternity Statement (AOP).
Establishment of paternity means the establishment of the parent-child relationship. This Acknowledgment of Paternity
(AOP) shall be signed under penalty of perjury by the mother and by the man seeking to establish paternity.
When a proper AOP is received by the State Registrar, the father will be added to the child’s
1.
SINGLE MOTHER:
Certificate of Birth.
a.
The signatories understand that an acknowledgment of paternity is the equivalent of a judicial adjudication of
paternity of this child and that a challenge to the acknowledgement is permitted only under limited circumstances
and is barred after two years.
2.
MOTHER IS OR WAS FORMERLY MARRIED: When a mother is or was married within three hundred days of the
birth of the child, the name of the husband shall be entered on the certificate of birth, including situations when:
a.
The husband may not be the genetic father.
b.
The mother has been separated (legally or otherwise) from the husband, regardless of the period of the
separation.
c.
The mother was legally married or attempted to marry, and the child is born within 300 days after the
termination of the marriage (unless the final divorce decree specifies that the husband is not the natural
father).
AFFIDAVIT OF DENIAL OF PATERNITY (DOP) (Form VSB 908B): If a married or formerly married mother claims that
her husband or ex-husband is not the genetic father of the child and the genetic father would like to acknowledge
paternity, the husband may complete a voluntary Denial of Paternity (DOP).
At that time, the mother and genetic father must submit an AOP along with the DOP. The AOP and DOP may be filed
separately or simultaneously, but neither is valid unless both are filed with the State Registrar.
AOP and DOP RESCISSION: The Rescission of an AOP or DOP is only allowed by means of a judicial proceeding [40-
11A-307].
Legal Citations:
“Acknowledged father” means a man who has established a father-child relationship pursuant to Article 3 of the New Mexico
Uniform Parentage Act.
"Adjudicated father" means a man who has been adjudicated by a court of competent jurisdiction to be the father of a child.
“Presumed father" means a man who, by operation of law pursuant to Section 2-204
[40-11A-204
NMSA 1978] of the New
Mexico Uniform Parentage Act, is recognized as the father of a child until that status is rebutted or confirmed in a judicial
proceeding; A man is presumed to be the father of a child if:
1)
he and the mother of the child are married to each other and the child is born during the marriage
2)
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 or divorce or after a decree of separation;
3)
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 or divorce or after a decree of
separation;
4)
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:
a.
the assertion is in an acknowledgement of paternity on a form provided and filed by the Bureau of Vital
Records and Health Statistics (bureau);
b.
he agreed to be and is named as the child's father on the child's birth certificate; or
c.
he promised in a record to support the child as his own; or
5)
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.
Rev 02/2012
AOP Page 1 of 4
NOTES AND INSTRUCTIONS
Each parent should carefully read all notes and instructions before parents complete and sign Acknowledgment
of Paternity Statement (AOP).
Establishment of paternity means the establishment of the parent-child relationship. This Acknowledgment of Paternity
(AOP) shall be signed under penalty of perjury by the mother and by the man seeking to establish paternity.
When a proper AOP is received by the State Registrar, the father will be added to the child’s
1.
SINGLE MOTHER:
Certificate of Birth.
a.
The signatories understand that an acknowledgment of paternity is the equivalent of a judicial adjudication of
paternity of this child and that a challenge to the acknowledgement is permitted only under limited circumstances
and is barred after two years.
2.
MOTHER IS OR WAS FORMERLY MARRIED: When a mother is or was married within three hundred days of the
birth of the child, the name of the husband shall be entered on the certificate of birth, including situations when:
a.
The husband may not be the genetic father.
b.
The mother has been separated (legally or otherwise) from the husband, regardless of the period of the
separation.
c.
The mother was legally married or attempted to marry, and the child is born within 300 days after the
termination of the marriage (unless the final divorce decree specifies that the husband is not the natural
father).
AFFIDAVIT OF DENIAL OF PATERNITY (DOP) (Form VSB 908B): If a married or formerly married mother claims that
her husband or ex-husband is not the genetic father of the child and the genetic father would like to acknowledge
paternity, the husband may complete a voluntary Denial of Paternity (DOP).
At that time, the mother and genetic father must submit an AOP along with the DOP. The AOP and DOP may be filed
separately or simultaneously, but neither is valid unless both are filed with the State Registrar.
AOP and DOP RESCISSION: The Rescission of an AOP or DOP is only allowed by means of a judicial proceeding [40-
11A-307].
Legal Citations:
“Acknowledged father” means a man who has established a father-child relationship pursuant to Article 3 of the New Mexico
Uniform Parentage Act.
"Adjudicated father" means a man who has been adjudicated by a court of competent jurisdiction to be the father of a child.
“Presumed father" means a man who, by operation of law pursuant to Section 2-204
[40-11A-204
NMSA 1978] of the New
Mexico Uniform Parentage Act, is recognized as the father of a child until that status is rebutted or confirmed in a judicial
proceeding; A man is presumed to be the father of a child if:
1)
he and the mother of the child are married to each other and the child is born during the marriage
2)
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 or divorce or after a decree of separation;
3)
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 or divorce or after a decree of
separation;
4)
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:
a.
the assertion is in an acknowledgement of paternity on a form provided and filed by the Bureau of Vital
Records and Health Statistics (bureau);
b.
he agreed to be and is named as the child's father on the child's birth certificate; or
c.
he promised in a record to support the child as his own; or
5)
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.
Rev 02/2012
AOP Page 2 of 4
Instructions for Parents to complete AOP:
 Each parent must sign in the presence of a Notary Public and a Notary must notarize each signature. Each
signature must have its own notary seal.
 Alterations, erasures, white outs, cross outs, write over’s, etc., will not be accepted and will invalidate the
completed form.
 The New Mexico State Registrar will place the filed AOP, the original Certificate of Live Birth Registration and all
other evidence of the child’s paternity in a closed sealed file.
o
Parents are requested to make a photocopy of the completed and signed AOP for each parent and mail
the completed and signed Original to the Bureau of Vital Records for processing. Please keep these
parent copies in a safe and secure place.
 The Bureau of Vital Records and Health Statistics (BVRHS) shall make available to Human Services Department
(HSD) the birth certificate, the mother's and father's social security numbers and paternity acknowledgments or
denials. HSD shall use these records only in conjunction with its duties as the state IV-D agency responsible for
the child support program under Title IV-D of the Federal Social Security Act and NMSA Sec. 24-14-13H.
 Requirements are pursuant to the Vital Statistics Act, the New Mexico Uniform Parentage Act (UPA) and
applicable state and federal regulations.
Please submit the completed and notarized Acknowledgment of Paternity statement along with any applicable
fees, to the New Mexico Bureau of Vital Records and Health Statistics (BVRHS).
Fees:
o
If a filed birth certificate is amended or revised as a result of an AOP, the fee to change the record to
reflect the new information is $10.00.
o
The fee for the issuance of one (1) certified copy of a birth certificate is $10.00.
o
Make payment for amendment and/or birth certificate payable to BVRHS.
Mailing Address:
New Mexico Bureau of Vital Records and Health Statistics
P.O. Box 25767
Albuquerque, NM 87125
Telephone: (505) 827-0121 Toll Free: 1-866-534-0051
www.vitalrecordsnm.org
All forms are available through the New Mexico Bureau of Vital Records and Health Statistics. If you have any questions
regarding an AOP, please call New Mexico Vital Records at 1-866-534-0051 or visit our website at
www.vitalrecordsnm.org
Rev 02/2012
AOP Page 3 of 4
Birth Registration Case Id:
ACKNOWLEDGMENT OF PATERNITY (AOP)
In the matter of the voluntary acknowledgment of paternity (AOP) of a child born in the State of New Mexico; the
mother of this child and the man claiming to be the genetic father of this child may sign this voluntary AOP with
intent to establish the man’s paternity. This AOP shall be signed under penalty of perjury by the mother and by the
man seeking to establish his paternity of the child.
The Child Information and Mother Information is required to locate and reference child’s birth certificate:
CHILD’S INFORMATION
CHILD’S NAME AT BIRTH (First, Middle, Last Name(s), Suffix )
DATE OF BIRTH
GENDER
(MM/DD/YYYY)
CHILD’S PLACE OF BIRTH (City, County)
HOSPITAL NAME/OTHER LOCATION
, New Mexico
MOTHER’S INFORMATION (Maiden Name-Name prior to first marriage)
First Name
Middle Name
Maiden Last Name
DATE OF BIRTH (MM/DD/YYYY)
SOCIAL SECURITY NUMBER
BIRTHPLACE STATE
BIRTHPLACE COUNTRY
Parents must check correct answer in items 1 through 5 in order for the AOP to be valid.
Item 1 :
We understand that this acknowledgment is the equivalent of a judicial adjudication of paternity of this child and
that we may rescind this acknowledgement by means of a judicial proceeding within a 60 day time limit as
explained in [40-11A-30]; and that a challenge to the acknowledgement is permitted only under limited
circumstances and is barred after two years.
Item 2
We have read and understand the instructions provided. We understand our rights, responsibilities,
:
consequences and alternatives.
Item 3 :
Check one:
3a
We acknowledge that the child subject to this AOP does not already have a presumed, acknowledged, or
adjudicated father.
If item 3a is checked, the mother and genetic father may proceed with completing this AOP. This AOP
OR
will be invalid if another man is an acknowledged or adjudicated father of this child.
3b
We acknowledge that the child subject to this AOP already has a presumed father and does not have another
acknowledged or adjudicated father.
I understand that if item 3b is checked, a denial of paternity (DOP) from the presumed father is
required in order for this AOP to be valid.
The Full Name of presumed father is:
Item 4 :
Check one:
We acknowledge that there has not been genetic testing regarding this child’s paternity.
Item 4a
OR
Item 4b
We acknowledge that there has been genetic testing in compliance with NMSA 1978, Section 40-11A-503, and
that the acknowledging man’s claim of paternity is consistent with the results of the testing.
Item 5 :
Check one:
Item 5a
Single Mother
OR
Item 5b
Married or Formerly Married Mother:
If mother was married and the child was born within 300 days of the termination of the marriage, the
name of the husband shall be entered on the child’s birth certificate unless paternity has been
established pursuant to the Vital Statistics Act and the Uniform Parentage Act [40-11A-30].
If a DOP is not signed by the presumed father, do not proceed. The AOP and DOP may be filed
separately or simultaneously, but neither is valid until both are filed.
Rev 02/2012
AOP Page 4 of 4
Parents must enter the child’s full name as it shall be shown on the child’s birth
certificate:
Parents must carefully consider the First, Middle, Other Middle, Last Name and Suffix you
designate for your child. Once an AOP is filed, these items cannot be amended except upon receipt of a
court order.
THIS CHILD’S NAME SHALL BE SHOWN ON THE BIRTH CERTIFICATE AS:
FIRST
MIDDLE
Other MIDDLE
LAST NAME(S)
SUFFIX
Parents must enter the information on father acknowledging paternity:
FATHER’S INFORMATION
FIRST
MIDDLE
LAST NAME(S)
SUFFIX
DATE OF BIRTH (MM/DD/YYYY)
SOCIAL SECURITY NUMBER
BIRTHPLACE STATE
BIRTHPLACE COUNTRY
CURRENT RESIDENCE ADDRESS (Street No., Street Name, Apartment No.)
(City, State)
Zip Code
EDUCATION
ETHNICITY
RACE
(Highest grade completed at time of child’s birth)
Hispanic Origin, Check all that Apply
(Check all that Apply)
th
8
grade or less
No, not Hispanic
White
Other Asian
th
9-12
grade, No diploma
Yes, Spanish
Black or African American
Specify type: _____________
High School Graduate or GED
Yes, Mexican
American Indian or Alaska
Native Hawaiian
Native
Some college credit, No degree
Yes, Puerto Rican
Specify tribe: ____________
Guamanian or Chamorro
Associate degree
Yes, Cuban
Asian Indian
Samoan
Bachelor’s degree
Yes, Latino
Chinese
Other Pacific Islander
Master’s degree
Yes, Other Hispanic Origin
Filipino
Specify type: ___________
Doctorate or Professional degree
Specify type: ____________
Japanese
Other Specify: __________
None
Unknown if Hispanic
Korean
Unknown
Unknown
Vietnamese
Statement of Parents
We affirm under penalty of perjury that we have examined this statement
:
and that it is correct to the best of our knowledge and belief. We are voluntarily signing this
acknowledgment of paternity without being subject to force, threats or coercion of any kind.
TO BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC
Signature of Mother
Date
Signature of Father
Date
State of:
State of:
County of:
County of:
Signed or attested before me on:
Signed or attested before me on :
Commission Expiration Date:
Commission Expiration Date:
Signature of Notary Public (sign in blue ink)
Signature of Notary Public (sign in blue ink)
(SEAL)
(SEAL)
Submit the completed and signed AOP to the Bureau of Vital Records along with a $10.00 amendment
fee and a $10.00 for each certificated birth certificate ($20.00 total). Refer to Page 2 for Mailing
Address.
THIS SECTION IS FOR ADMINISTRATIVE USE ONLY
Order No.
SFN:
Case ID
Amendment Date
Amendment Code
Process Clerk:
SPaper No.:
Rev 02/2012

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