Paternity

Establishing paternity names a child’s legal father.

It helps protect your child and gives both parents legal rights and responsibilities.

Both parents can sign an Acknowledgment of Paternity (AOP) form.

Both parents must show photo ID and sign the form in front of a notary.

Paternity can be established in a few ways under Virginia law.

• Signing an Acknowledgment of Paternity (AOP)
  Both parents can sign a form to name the legal father. This is often done at the hospital when a child is born, but it can also be done later.
• Open a case with DCSE
  Either parent can open a child support case with DCSE. DCSE can help establish paternity, including scheduling DNA testing if needed.
• Establish through the court
  Either parent may file a petition in the Juvenile and Domestic Relations Court in the city or county where the child lives. 

The Division of Child Support Enforcement (DCSE) can help guide you through these options and explain what steps may apply to your situation.

You can still establish paternity.

• One parent may sign the form at the hospital and send it to the other parent, or
• Both parents may sign separate forms and send them together

Help is available through the Virginia Paternity Establishment Program (VPEP).

An Acknowledgment of Paternity form cannot be used.

Paternity must be established through Circuit Court or Juvenile and Domestic Relations Court.

Yes.

Parents under 18 can sign an Acknowledgment of Paternity form without a parent’s approval.

No.

Citizenship is not required to establish paternity in Virginia.

Only if the mother applies for Temporary Assistance for Needy Families (TANF).

Yes.

Even if parents agree, an Acknowledgment of Paternity (AOP) is required to legally establish paternity.

Yes.

Either parent may cancel within 60 days if no administrative or court child support order has been entered.

To cancel, you must first get a Rescission of Acknowledgment of Paternity form from the Virginia Department of Health, Office of Vital Records (OVR) or your local health department.

Then you must:

• Fill out the form
• File it with the OVR

After you file the form, contact your local Juvenile and Domestic Relations District Court for next steps.

The form is private.

Only these groups can see it:

• Office of Vital Records
• Division of Child Support Enforcement
• Virginia Paternity Establishment Program

No.

It does not change benefits like Temporary Assistance for Needy Families (TANF) or Medicaid.

Signing an Acknowledgment of Paternity form is free at:

• A hospital
• A child support office
• A social services office

After 7 days, the Office of Vital Records (OVR) charges:

• $10 to add the father’s name
• $12 for a copy of the birth record

Yes.

Once paternity is established, both parents share responsibility for child support.

If the parents are not married, the father’s name can be added to the child’s birth certificate after paternity is legally established. 

The Virginia Department of Health, Office of Vital Records (OVR) charges a $10 administrative fee.

Yes.

Parents may choose any last name if both agree.

To have an out-of-state paternity order accepted in Virginia, you must ask a Virginia court to review the order and accept it as valid. This process is called domestication.

You may:

• Ask an attorney or legal aid office for help, or
• Apply for services through the Division of Child Support Enforcement (DCSE) for help with establishing child support and having the order reviewed.

After a Virginia court domesticates the order, you may submit the certified Virginia court order to the Virginia Department of Health, Office of Vital Records (OVR) to update the birth certificate.

No.

If your child was born in Virginia, a paternity order from another state must first be domesticated by a Virginia court before the Office of Vital Records can change the birth certificate.