Indiana Paternity Affidavit Form 44780

The Indiana Paternity Affidavit (Form 44780) is the form two parents complete together to name a child’s father. Below you will find when parents use this document, what to check before signing, and how to fill out each section.

What Is an Indiana Paternity Affidavit?

Paternity (or parental) affidavit is a legal document that is created by both parents and serves as proof of the legal paternity of the named parent. This form automatically recognizes the person as the father of the child. Further court orders are no longer needed.

If a child was born during the marriage of two people or no later than 300 days after the marriage ended, then everything is simple. The man is automatically recognized as the father of the child.

But what if the parents are not married or are not in a long-term relationship? In this case, there are several ways:

• Paternity Affidavit
• Court Order

Registering paternity by an order from the court is a longer and more complex route. DNA testing is often used for this.

When to Fill Out the Indiana Paternity Affidavit?

There are two methods to fill out this document — easy and more difficult. The easiest way is to complete the paper in the hospital within 72 hours of the baby’s birth.

The more difficult way is to fill out the document at the local health department. But this can be done up to the child’s 19th birthday if the column on paternity in the birth certificate is empty (and unless otherwise is ordered by a court).

The first way is better not only because you do not need to go anywhere, but also because:

• The father’s name will be immediately entered in the birth certificate, which will help to avoid its further replacement and, accordingly, unnecessary expenses;
• The father can immediately give the child a surname;
• Initially, the correct information will be indicated when registering the Social Security Number;
• Additional court hearings are not required.

Benefits of Recognizing Paternity

It cannot be said with confidence that children from full families with both parents are happier. This is a very individual moment. But definitely, everyone needs to know their parents and has a right to this. It helps to know yourself and find a sense of belonging.

A father’s presence matters in a child’s life. It can make childhood more complete and support the child’s emotional health. Identity, recognition and a sense of belonging matter too. Even if the father and the child do not stay in touch later, the child still gains from knowing who the father is.

Besides, having both parents provides some financial protection and legal benefits. What are the legal and financial benefits of paternity? There are quite a few of them:

• Guarantee of the father’s right to communicate with the child;
• The child’s access to information about father, including possible health problems, diseases transmitted by genetic means;
• The child receives inheritance rights, life, and health insurance benefits;
• A child’s access to special benefits in the event of parental loss or social security dependent benefits;
• The father’s right to give the child his name;
• Financial support from the father to the child (even if it is not provided now, it will be possible to request it later).

Initial legal recognition will give the right background to the paternal relationship with the child. Every parent has the right to healthy communication with their children and to take care of them.

Special Rules for Filling Out the Form

Read these points before you sign the Indiana Paternity Affidavit. Indiana laws regarding obtaining a birth certificate and completing a paternity affidavit are set out in Indiana Code § 16-37-2-2. According to it, this document is valid only if:

• Was filled in a hospital within 72 hours of the birth of the baby, or
• Was completed at the local health department before the child’s age of emancipation, and
• The child’s mother did not consent to the adoption, and no application was submitted to adopt the child

The document must be signed by both parents without coercion. A crucial point, spelled out in the text of the form — parents should be able to consult a chosen adult about signing the document and should be able to think over and read the document alone without the presence of the second parent. This point is especially important for parents under the age of 18.

The document is almost impossible to reverse, so it is important to take it seriously and get legal advice if necessary.

The form of the document is strictly agreed with Indiana law and does not allow free-form writing.

What Else You Need to Know

While filling out the document at the hospital will make it easier for you to acknowledge paternity, you should not rush if you are unsure. Remember that you are not required to sign anything, and you should not do this if you are not sure that you are the biological father of the child. Signing this paper can be an irreversible process.

So if you need additional evidence, you have the right to request a genetic test. If you want an inexpensive test, we recommend you contact your local Prosecutor’s Office for more information.

Not only fathers but also mothers should be careful with this document. It is important to know that intentionally or knowingly falsely naming a father is considered a Class A misdemeanor.

How to Fill Out the Indiana Paternity Affidavit

Open the form in our online PDF editor and fill it in by following these 12 steps in order. Check each entry against the screenshot before you move on to the next step.

1. Enter the Tracking Details

   At the top of the first page, enter the numbers used to track the form:

   • Health Department number
   • Date of the filing
   • State file number
   • PA number

   

2. Put Your Signatures

   Parents must sign their names before completing the form. By signing at the beginning of the paper, you confirm that you had the opportunity to study the document on your own and resort to the advice of an adult of your choice. Please take this point seriously. The document can be challenged if this condition was not met or if it turns out that the document was signed under duress.

   

3. Fill in the Names of the Parents

   You must specify the full legal names of both parents.

   

4. Fill in the Father’s Acknowledgment

   Next, the child’s father completes his acknowledgment by entering:

   • Your full name
   • Baby’s name at birth and mother’s surname
   • Child’s date of birth
   • Place of child’s birth

   

5. Complete the Mother’s Acknowledgment

   The mother of the child completes her acknowledgment by entering:

   • Full name
   • Maiden name
   • Father’s full name

   

   By completing this section, the father and mother of the child acknowledge the biological paternity of the specified man. The mother expresses her desire for the indication of this man in the birth certificate of the child.

6. Fill in the Father’s Details

   Section B asks for more details about the biological father of the child, including:

   • Full name
   • SSN
   • Race (optional)
   • Date and place of birth
   • Address and contact number
   • Employer’s name and address (if any)
   • Medical insurance and policy numbers (if any)

   

7. Fill in the Mother’s Details

   Fill in Section C the same way as the previous section, using the details of the biological mother.

   

8. Decide on the Child’s Name

   Parents must submit a joint decision on the child’s name and write it in the appropriate box.

   

   In the same section, also enter:

   • Child gender
   • Child’s SSN (if it is known)

   

9. Transfer the Data from the Document’s Beginning

   Move to the second page. At the very top, enter these four items again:

   • Health Department number
   • Date of the filing
   • State file number
   • PA number

   

10. Study the Information

    In section E, you will find important information about the validity of the document, your rights, and obligations. It is very important to study and understand it thoroughly. If you need help and advice, be sure to ask for it. This is your inviolable right.

    Remember that you are not required to sign a document under duress. If everything is clear and you have no questions, then put your signatures in the appropriate lines. The document requires the signature of both the mother and the father. Also, each parent must put the date of filling out the document.

    

11. Make Your Decision on Joint Custody

    You can decide to share joint legal custody. In this case, the signatures of both parents must be in points 1, 2, 3 of Section F. Thus, you:

    • Confirm your desire to share joint legal custody;
    • Familiarize yourself with the rule that primary physical custody will belong to the mother (unless otherwise ordered by the court);
    • Give your consent to provide a genetic test to confirm biological paternity.

    It is essential to note that if a DNA test is not provided within 60 days or it shows that the specified man is not the biological father of the child, then joint legal custody will not apply. But even so, paternity will still be valid, as stated in the paper.

    

    If you do not want to share this custody, then at least one of you must sign in point 4 and put the initials of both in point 5.

    

    Despite this, the paternity adopted in the document will still be valid. But legal custody will pass to the mother.

12. To Be Signed by a Notary

    Further points of the paper are filled in by a notary. Also, a Notary must sign it to certify the document.

    

Frequently Asked Questions

What information do I need to fill out the Indiana paternity affidavit?

Have the full legal names of both parents, the child’s name, date and place of birth, and each parent’s address and contact number ready. The form also has spaces for Social Security numbers, the father’s employer and any medical insurance details.

Which part of Form 44780 covers the father and which covers the mother?

Section B holds the father’s details and Section C holds the mother’s details. The father and the mother each complete their own acknowledgment near the top of the first page.

What should I check before I sign the form?

Compare every name, date and number with your IDs and the child’s records. Read the information in Section E and ask about anything that is unclear before you sign.

General information, not legal or tax advice.

Mara Erlach

Writer & Attorney

Mara has been practicing estate planning and trust law in California since 2003, taking pride in helping clients of all backgrounds and asset profiles form a complete and customized estate plan. Her specialties are: estate planning, wills and trusts, trust and probate administration.