A: Yes. You must be certified annually by one of the Paternity Program staff.
A: Give the parents an opportunity to sign the AOP. Give the parents oral and written information on the rights and responsibilities. Give the parents an explanation of these rights and responsibilities. Give the parents information on the availability of child support services.
A: The rights and responsibilities do not print. You must make a copy of the original with the rights and responsibilities on it.
A: Mothers, biological fathers and presumed fathers (if applicable) may sign an AOP.
A: The AOP is the only document that should be faxed to the VSU.
A: The Parent Survey is important because it provides proof that the hospital is complying with the law.
A: AOPs and Parent Surveys should be retained for 20 years.
A: The man becomes the legal father when all parts of the AOP have been faxed and received by VSU.
A: The date and time must be correct.
A: Yes, OAG child support offices are certified entities that are able to educate parents on the rescission process and provide the Rescission of AOP form (VS-158) if applicable.
A: No. Parties may retain a private attorney to assist in challenging the AOP.
A: There is no age requirement.
A: No. Parents should not sign an AOP under these circumstances.
A: If either parent asks about or mentions DNA or paternity testing, make sure the parents understand they can get testing through a private lab or by purchasing over-the-counter tests available through many pharmacies – but the testing should be done BEFORE completing an AOP. If a parent opens a child support case with the OAG and the OAG determines that a DNA test is necessary, generally one will be provided at no cost. A common complaint from parents is that they did not understand the need to request a paternity test prior to signing an AOP.
A: NO! An entity should never hand out a blank AOP.
A: Yes, parents must show some type of ID. Refer to your training module for a list of acceptable IDs.
A: Yes. Please refer to your AOP training manual.
A: An AOP establishes a legal relationship between the father and the child. It also allows the child to receive the father's Social Security benefits, inheritance and military benefits; and should give the father access to the child's medical and school records.
A: NO! Never leave an AOP unattended.
A: No. Certified entities are not required to do so, but helping parents with AOPs and rescissions is an example of excellent customer service.
A: An AOP may be completed before the child is born, at the hospital or any time after the birth of the child.
A: Any party who signed the AOP may get a copy.
A: If you are attending the birth alone, use your personal entity code. If the birth occurs at a birthing center or hospital, use the entity code of that facility.
A: No. The parties must apply for services before a child support case is opened.
A: A presumed father is a man to whom the mother is currently married, a man to whom the mother was married and the ending of the marriage occurred within 300 days prior to the child's birth or a man who continuously lived with the child and represented himself as the child's father the first two years of the child's life.
A: These are the questions you should ask: Are you married to the biological father? Are you married to someone other than the biological father? Are you divorced? Have you been divorced within 300 days of the birth of that child? Is there a court order that excludes the man you were married to as the father of the child?
A: The presumed father, biological father and mother must sign their respective portions of the Acknowledgement (and Denial) of Paternity. Please refer to the “Partials” section of your AOP training manual for procedures.
A: Yes, the presumed father must sign the denial of paternity. A paternity test is only proof that the other man is the biological father.
A: No, the AOP should not be completed.
A: Contact the VSU in Austin.
A: Have the parents use the language line or find another hospital staff person to translate. The translator does not have to be AOP-certified, but the certified person needs to be present. It is preferable that the translator not be a family member. Document on the Parent Survey the name of the person who translated.
A: Yes. Parents who do not read or write may sign an AOP if it is believed they understand what has been explained to them. An "X" is acceptable for their signature.
A: Yes, it would be in the child's best interest since not all states recognize common law marriages. Please refer to your AOP training manual for procedures.
A: The mother’s bracelet can be used as identification at the time of her child’s birth when she is a current patient at the hospital that is administering the AOP. It is assumed that the hospital checked her identification upon admittance.