7.4.3.1.1 Paternity Establishment

In situations where the CMC participant is not married, the FEP must inform the participant that they and the baby’s biological father will have the ability to sign the Voluntary Paternity Acknowledgment (PATH) form at the hospital to establish legal paternity. The FEP must explain that both parents must sign the form in the presence of a notary and that most hospitals have notaries on staff. The participant must also be informed that the PATH form requires a filing fee. If the participant cannot afford the fee, the hospital may be able to provide assistance.

If the participant is uncertain about the identity of the father, the FEP should explain the option of genetic testing.

FEPs must emphasize the importance of establishing legal paternity at the time of the child’s birth.

Benefits of establishing paternity include:

Both parents are legally and financially responsible for their child;

It supports a child’s right to know both parents;

The child may be eligible for coverage under the father’s health insurance; and

The child may gain access to benefits such as: Social Security and veterans’ benefits; Family medical history; and Tribal affiliation or enrollment.

If the FEP does not have the opportunity to discuss paternity acknowledgement until after the participant leaves the hospital, the FEP must still review the benefits of establishing paternity with the participant and inform the participant that the PATH form is also available through the local child support agency (CSA) or county Register of Deeds office.

The FEP must also explain how establishing paternity may affect CMC eligibility. If the alleged father lives in the home and paternity is established while the CMC payment is ongoing, the family becomes ineligible for CMC if the father is either:

Working in unsubsidized employment; or

Not working but is eligible to participate in a W-2 employment position.

In certain situations, the FEP must contact the local CSA and request that paternity establishment for a specific CMC case be prioritized. These situations include:

When both parents refuse to sign the PATH form;

When the PATH form is signed and then later rescinded due to concerns about losing the CMC payment; or

When paternity acknowledgement is not appropriate, e.g., there is more than one potential father living in the home.