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2420.05.05.05

DEFINITION OF PRESUMED BIOLOGICAL FATHER (C)

The policy stated in this section applies to both Two-Parent TANF and Regular TANF.

Verification of the relationship of a child to an alleged father is contingent upon Indiana law used for establishing paternity.

IC 31-14-7-1 states that a man is presumed to be a child's biological father if: • He and the child's biological mother are or have been married to each other and the child is born during the marriage or within 300 days after the marriage is terminated by death, annulment, or dissolution; • He and the child's biological mother attempted to marry each other by a marriage solemnized in apparent compliance with the law, even though the marriage is void under IC 31-11-8-2, IC 31-11-8-3, IC 31-11-8-4, • or IC 31 11-8-6 or voidable under IC 31-11-9, and the child is born during the attempted marriage or within 300 days after the attempted marriage is terminated by death, annulment, or dissolution; or • The man undergoes a genetic test that indicates with at least a ninety-nine percent (99%) probability that the man is the child’s biological father. 2420.05.05.10

PATERNITY ACKNOWLEDGEMENT (C)

The policy stated in this section applies to both Two-Parent TANF and Regular TANF.

If there is not a presumed biological father, there is a rebuttable presumption that a man is the child’s biological father if, with the consent of the child’s mother, the man: • Receives the child into the man’s home. • Openly holds the child out as the man’s biological child.

The circumstances under this section do not establish the man’s paternity. (A man’s paternity may only be established as described in IC 31-14-2-1.) (f8)

When a child is living with a paternal relative, the Local Office must verify the child's relationship to the father to establish the specified relationship of the relative. 2420.05.05.15

PATERNITY BY AFFIDAVIT

A man is a child’s legal father if the man executed a paternity affidavit in accordance with IC 16- 37-2-2.1 and the paternity affidavit has not been rescinded or set aside under IC 16-37-2-2.1. 2420.10.00 THE “LIVING WITH” DEFINITION (C)

The policy stated in this section only applies to Two-Parent TANF and Regular TANF.