# Title 14 — Domestic Relations and Persons

## Chapter 14-19 — Paternity Acknowledgment

### § 14-19-01. Definitions.

In this chapter, unless the context otherwise requires:
1. "Birthing hospital" means a hospital licensed under chapter 23-16 which provides
obstetrical services.
2. "Department" means the department of health and human services.
3. "Donor" means a woman whose body produced an egg for the purposes of assisted
conception but does not include a woman whose body produces an egg used for the
purpose of conceiving a child for that woman.
4. "Gestational carrier" means a woman who enters into an agreement to have an
embryo implanted in her and bear the resulting child for intended parents, when the
embryo is conceived by using the egg and sperm of the intended parents.
5. "Married woman" includes a woman who attempted to marry by a marriage
solemnized in apparent compliance with law, although the attempted marriage is or
could be declared invalid.
6. "Mother" means a woman who gives birth to a child or, if pregnancy resulted from
assisted conception, the woman who is the donor but not the woman who is the
gestational carrier.
7. "Party" means the man with whom the relationship of father and child is sought or
established, the child's mother, and, for purposes of proceedings to relieve a party of
the relationship of father and child, the child.
8. "Relationship of father and child" means the legal relationship existing between a
father and the father's natural or adoptive child incident to which the law confers or
imposes rights, privileges, duties, and obligations.
9. "Voluntary paternity establishment service entity" means the department of health and
human services and any child support agency, as that term is defined in section
14-09-09.10.
### § 14-19-02. Construction of chapter - Place of acknowledgment or birth need not be

within this state.
Repealed by S.L. 2005, ch. 135, § 11.
### § 14-19-03. Establishment of relationship of father and child.

Repealed by S.L. 2005, ch. 135, § 11.
### § 14-19-04. Effect of voluntary acknowledgment of paternity - Who may dispute.

Repealed by S.L. 2005, ch. 135, § 11.
### § 14-19-05. Filing of acknowledgment.

An acknowledgment of paternity made under chapter 14-20 must be filed with the
department on a form approved by the department, which must include the social security
number of the parents and any other information required by the secretary of the United States
department of health and human services.
### § 14-19-06. Hospital-based program for acknowledgment of paternity - Effect of

noncompliance.
1. During the period immediately preceding or following the birth of a child to an
unmarried woman in a birthing hospital, the hospital, at a minimum, shall:
a. Provide to the mother and the alleged father, if the alleged father is present in the
hospital:
(1) Written materials about paternity establishment;
(2) The forms necessary to voluntarily acknowledge paternity;

(3) A written and oral description of the rights, responsibilities, and legal
consequences of acknowledging paternity; and
(4) The opportunity to speak, either by telephone or in person, with staff who
are trained to clarify information and answer questions about paternity
establishment;
b. Provide the mother and the alleged father, if the alleged father is present, the
opportunity to voluntarily acknowledge paternity in the hospital;
c. Afford due process safeguards by informing, in writing, the mother and the
alleged father, if the alleged father is present, of the manner in which a
relationship of father and child established under this chapter may be vacated or
rescinded; and
d. Forward completed acknowledgments to the department.
2. The department may withhold medical assistance payments from any hospital that
fails to comply with this section. At least thirty days in advance of any withholding, the
department shall notify the hospital of the department's intention to withhold medical
assistance payments from the hospital. The hospital may appeal the decision to
withhold medical assistance benefits to the department.
### § 14-19-07. Immunity from liability.

A hospital, a voluntary paternity establishment service entity, and the agents or employees
of either, acting in accordance with this chapter or attempting in good faith to do so, are immune
from civil liability for that activity.
### § 14-19-08. Powers and duties of the department.

The department shall:
1. Provide each birthing hospital and voluntary paternity establishment service entity in
the state:
a. Written materials about paternity establishment.
b. Forms necessary to voluntarily acknowledge paternity.
c. A written description of the rights and responsibilities of acknowledging paternity.
2. Provide training, guidance, and written instructions regarding voluntary
acknowledgment of paternity reasonably necessary to assist a birthing hospital or
voluntary paternity establishment service entity in its duties under this chapter.
3. Secure information on each voluntary paternity establishment service entity's and each
birthing hospital's paternity acknowledgment program at least annually.
4. In cases involving applications for child support services made to a child support
agency which require paternity establishment, determine if a voluntary paternity
acknowledgment has been filed with the department.
5. Assure that the same procedures governing birthing hospitals apply to voluntary
paternity establishment service entities, including use of the same notice provisions,
the same materials, the same evaluation methods, and the same training for
personnel.
### § 14-19-09. When acknowledgment is voidable.

Repealed by S.L. 2005, ch. 135, § 11.
### § 14-19-10. Vacation or rescission of acknowledgments - Time for commencing actions

- Effect on presumptions under section 14-17-04 - Notice.
Repealed by S.L. 2005, ch. 135, § 11.
### § 14-19-11. Oral notice.

Any oral notice required under this chapter may be provided by a recording.
### § 14-19-12. Voluntary paternity establishment service entities - Duties.


1. At any time after an unmarried woman is determined to be pregnant, a voluntary
paternity establishment entity may:
a. Provide to the mother and the alleged father, if the alleged father is present:
(1) Written materials about paternity establishment;
(2) The forms necessary to voluntarily acknowledge paternity;
(3) A written and oral description of the rights, responsibilities, and legal
consequences of establishing paternity; and
(4) The opportunity to speak, either by telephone or in person, with staff who
are trained to clarify information and answer questions about paternity
establishment; and
b. Provide the mother and the alleged father, if the alleged father is present, the
opportunity to voluntarily acknowledge paternity.
2. Before accepting a voluntary acknowledgment of paternity, a voluntary paternity
establishment service entity shall afford due process safeguards by informing, in
writing, the mother and the alleged father, if the alleged father is present, of the
manner in which a relationship of father and child established under this chapter may
be vacated or rescinded.
3. A voluntary paternity establishment service entity shall forward completed
acknowledgments to the department.
