Paternity Establishment Post Birth

Summary

In New Mexico, a DNA test after birth is not a court certified judgement but a scientific method to determine biological parentage. If the DNA test confirms paternity, the birth certificate can be amended to include the fathers name. However, the fathers consent is typically required to add his name to the birth certificate. If the father refuses to sign the Voluntary Acknowledgement of Paternity form, a court order may be needed to establish paternity. Paternity can be established immediately after birth through a court order, but the process may take time. A family law attorney can guide through this process. The mother can choose any last name for the baby, including the fathers, even without establishing paternity.

Full Conversation

If i get a DNA test after birth am i able to list the father on the birth certificate
Yes, in New Mexico, if the DNA test confirms paternity, you can amend the birth certificate to include the father's name.
so if the father isn’t there a birth but The DNA test come out the he is the father I can go back to the hospital and list the baby under his name
Have you obtained the father's consent to list him on the birth certificate?

In New Mexico:
- Paternity must be established for a father's name to be added to the birth certificate.
- Consent of the father is typically required.
Does consent mean he has to sign even if the DNA test determines paternity
Yes, in New Mexico, even if a DNA test confirms paternity, the father's consent is typically required to add his name to the birth certificate.
What does he have to sign after a DNA test
In New Mexico, the father would typically sign a "Voluntary Acknowledgement of Paternity" form after a DNA test confirms paternity.
What if he doesn’t want to sign it but he is the father
If the father refuses to sign the "Voluntary Acknowledgement of Paternity" form, you may need to seek a court order to establish paternity. Would you like information on how to do this in New Mexico?
yes
In New Mexico, you can file a paternity action in court. The nearest court is the Second Judicial District Court, located at * Lomas Blvd NW, Albuquerque, NM *. Contact: (*) *-*.
If he refuses to sign the AOP is there any other way
If the father refuses to sign the Acknowledgement of Paternity (AOP), you can seek a court order to establish paternity. This may involve legal proceedings in your local court.
If he refuses to sign a AOP can i still list the baby under him on my own even if i have DNA testing
In New Mexico, without the father's consent or a court order, you generally cannot list him on the birth certificate, even with a DNA test.
how fast you get a court order after birth
What is the purpose of the court order you're seeking? Is it to establish paternity or for some other reason? The timeline can vary depending on the specifics of the case.
it is to establish paternity
In New Mexico, the time to get a court order to establish paternity can vary. It depends on the court's schedule and the complexity of the case.
can i do it right after birth ?
Yes, you can initiate a paternity action in court immediately after the birth in New Mexico. However, the process may take time depending on the court's schedule.
how do i do it
To establish paternity through a court order in New Mexico, you need to file a paternity action in your local court. It's advisable to consult with a family law attorney for guidance.
Can i get a court order going while i’m still pregnant
In New Mexico, you generally cannot establish paternity through a court order until after the child is born. However, you can consult with a family law attorney to prepare your case in advance.
where are family law attorneys in New mexico
Family law attorneys can be found throughout New Mexico. Some notable firms include:

- New Mexico Legal Group in Albuquerque, Contact: (*) *-*
- Genus Law Group in Albuquerque, Contact: (*) *-*
- Terry & deGraauw, P.C. in Albuquerque, Contact: (*) *-*
Do they cost money ?
Yes, typically family law attorneys do charge for their services. However, some may offer free consultations or work on a sliding scale based on income.
Can i just get a regular attorney for court to get child support
Yes, you can hire a regular attorney to represent you in a child support case. However, an attorney specializing in family law might be more knowledgeable about specific laws and procedures in New Mexico.
In New Mexico do you have to have his consent or signature
In New Mexico, to list the father's name on the birth certificate, his consent or signature on the "Voluntary Acknowledgement of Paternity" form is typically required, even if a DNA test confirms paternity.
there is no way i could just list him with the DNA test even if it’s done at a clinic
In New Mexico, a father's name cannot be added to the birth certificate based solely on a DNA test. His consent or a court order is typically required.
How long after birth does the father have to sign a AOP
In New Mexico, there's no specific deadline for a father to sign an Acknowledgement of Paternity (AOP). It can be signed at any time after the child's birth.
How long after birth does the mother have to complete paperwork
In New Mexico, there's no specific deadline for a mother to complete the paperwork for Acknowledgement of Paternity (AOP). It can be done at any time after the child's birth.
Do I have to choose a name for a newborn right after birth
In New Mexico, you are not required to name your newborn immediately after birth. However, the birth certificate paperwork is typically completed before leaving the hospital.
So my name would go in the birth certificate but I can’t used anyone’s last name but myself
Are you asking if you can use the father's last name for the baby even if he's not listed on the birth certificate?

In New Mexico:
- The mother can choose the baby's last name.
- It can be the mother's, the father's, or a combination of both.
Yes, Can i use the fathers last name even if he is not on the birth certificate or if we are not married
In New Mexico, you can give your child any last name you choose, including the father's, even if he is not listed on the birth certificate or if you are not married.
So i can use his last name but i can’t put his full name until paternity is established
That's correct. Are you planning to establish paternity through a court order or voluntary acknowledgement?
So i don’t have to establish paternity to use his last name
That's correct. In New Mexico, you can use the father's last name for your child even without establishing paternity.
Does he have to sign anything for me to use his last name ?
In New Mexico, the father does not need to sign anything for you to use his last name for your child.
so the only thing is, if I want to put his full name on the birth certificate, I would need his signature, but not for his last name
That's correct. In New Mexico, to add the father's full name to the birth certificate, his signature on the "Voluntary Acknowledgement of Paternity" form is typically required.
so, even if paternity isn’t established, I can use his last name for the baby, and my name will be on the birth certificate only and they will let me walk out of the hospital
Yes, in New Mexico, you can use the father's last name for the baby even if paternity isn't established. Your name will be the only parent listed on the birth certificate.
so for the name I can choose any name I want to it doesn’t have to be my own last name
for choosing the babies name, it doesn’t have to be my last name
So the baby’s last name doesn’t have to be mine it can be whoever’s
i can choose any name i want for the baby it doesn’t just have to be my own?
i thought my last name could only be under the baby
In New Mexico, you can choose any last name for your baby. It can be your last name, the father's last name, or any other name you prefer.