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The CS 909 form, formally known as the Declaration of Paternity, serves as a crucial legal document for unmarried parents in California. Designed to affirm paternity when the parents are not married, this form enables the biological father’s name to be included on the child’s birth certificate. If signed properly, it grants legal recognition of the father-child relationship without necessitating a court appearance. This declaration can significantly impact the child's life, giving them rights to know both parents, access medical histories, and benefit from potential financial support like Social Security or veterans' benefits. The CS 909 form can be signed at the hospital or later, but it must be correctly witnessed to ensure its validity. Importantly, the form not only establishes paternity but also outlines the rights and responsibilities that come with it. If either party wishes to change their decision within a designated timeframe, they may invoke a rescission process. Understanding this form can empower parents to make informed choices about their family dynamics and the legal implications of paternity.

Form Sample

STATE OF CALIFORNIA – HEALTH AND HUMAN SERVICES AGENCY

DEPARTMENT OF CHILD SUPPORT SERVICES

DECLARATION OF PATERNITY – NOTICE

CS 909 (12/08)

IMPORTANT NOTICE TO UNMARRIED PARENTS

If the parents of the child are not legally married, the father’s name will not be added to the birth certificate unless you:

(1)sign a Declaration of Paternity in the hospital or (2) sign the form later or (3) legally establish paternity through the courts and pay a fee to amend the birth certificate.

WHAT IS THE PURPOSE OF A DECLARATION OF PATERNITY?

A Declaration of Paternity form is used to legally establish the paternity (the father) of a child when the mother and father are not married to each other. It should be signed by the biological mother only if she is not married. It may be signed by the biological father regardless of his marital status. Signing this form is voluntary. If any part of this form does not make sense to you, talk to your Local Child Support Agency or a lawyer before signing the form.

HOW WILL YOU AND YOUR CHILD BENEFIT IF YOU SIGN THIS FORM?

When both parents sign this form it will:

Legally establish a parent-child relationship between the biological father and the child. Your child has the right to know his or her mother and father and to benefit from a relationship with both parents.

Allow the father’s name to be added to the birth certificate. Your child will benefit by having both of your names appear on his or her birth certificate. If the form is signed after the child’s birth certificate is prepared, there will be a fee to amend the birth certificate to add the father’s name.

Legally establish the man as the child’s father without going to court. This will give the father parental rights such as the right to seek child custody and visitation through a court action and to be consulted about the adoption of the child.

Make it easier for your child to learn the medical histories of both parents, to benefit from the father’s health care coverage, and to receive Social Security or Veterans’ dependent or survivor’s benefits, if eligible.

WHAT DOES IT MEAN IF YOU SIGN A DECLARATION OF PATERNITY?

A correctly completed and signed Declaration of Paternity filed with the California Department of Child Support Services will have the same effect as a court order establishing paternity for the child. If your child does not live with you and a court action is filed, you may be ordered by the court to pay child support. A court action must be filed to deal with the issues of custody, visitation or child support.

By signing this declaration, you are, by your choice, giving up all of the following rights, as they relate to paternity establishment: the right to a trial in court to decide the issue of paternity; to notice of any hearing on the issue of paternity; to have the opportunity to present your case to the court, including the right to present and cross examine witnesses; to have an attorney represent you; or to have an attorney appointed to represent you if you cannot afford one in an action filed by the Local Child Support Agency.

A Declaration of Paternity may be challenged in court only in the first two years after the child’s birth by using blood and genetic tests that prove the man is not the biological father. It also may be overturned if the father or mother is able to prove that he/she signed the form because of fraud, duress, or material mistake of fact.

If either or both of you are under the age of eighteen, a Declaration of Paternity will not establish paternity until sixty days after both of you are age eighteen or are legally emancipated. If you wish to legally establish paternity before both of you become adults, you should consult an attorney.

IF YOU CHANGE YOUR MIND AFTER YOU SIGN A DECLARATION OF PATERNITY

If either of you later change your mind after you sign this form, you must complete a Declaration of Paternity Rescission Form (CS 915) to cancel or rescind the Declaration of Paternity. You must file the rescission form with the California Department of Child Support Services within 60 days from the date you signed the Declaration of Paternity. If you signed the Declaration of Paternity when you were under the age of 18 years old, you must file the rescission form within 60 days after you reach the age of 18 years old. You can get a rescission form from your local child support agency, local registrar of births and deaths, family law facilitator’s office or retrieve it from the DCSS POP website at http://www.childsup.cahwnet.gov/program/pop.

For further questions contact a State POP Coordinator toll-free at (866) 249-0773.

PRIVACY NOTICE - The Information Practices Act of 1977 (Civil Code §1798.17) and the Federal Privacy Act of 1974 (Title 5, United States Code §552a(e)(3), §7 Note) require that this notice be provided when collecting personal information and social security number from individuals. Information requested on this form is used by the Department of Child Support Services (DCSS) and local child support agencies for the purposes of identification and establishing paternity. The personal information may be shared with child support agencies, welfare agencies, courts and entities providing services to such agencies. Failure to provide the mandatory information may result in the rejection of filing the declaration with the DCSS.

The agency official responsible for maintenance of the forms is: State Coordinator at the Paternity Opportunity Program of DCSS, Tel: (866-249-0773). Legal references authorizing solicitation and maintenance of this personal information include Title 42, United States Code §666(a)(13), Family Code §§7570-7577, and §17212. Copies of the Declaration of Paternity are maintained in confidential files of the Department of Child Support Services. Declarants have the right of access to their filed declaration form(s) upon request by calling (866-249-0773).

STATE OF CALIFORNIA – HEALTH AND HUMAN SERVICES AGENCY

DEPARTMENT OF CHILD SUPPORT SERVICES

DECLARATION OF PATERNITY – INSTRUCTIONS FOR COMPLETION COVERSHEET

CS 909 (12/08)

THIS FORM IS TO BE COMPLETED ONLY WHEN THE MOTHER IS UNMARRIED.

GENERAL INFORMATION

SECTION A

SECTION B

SECTION C

SECTION D

FILING THIS FORM

CANCELING OR RESCINDING THIS FORM

The attached declaration form is to be used by unmarried parents to declare the father of the child. Paternity means legal fatherhood. Completing and signing this form is voluntary. THIS IS A LEGAL

DOCUMENT. PLEASE CAREFULLY READ THE REVERSE SIDE OF THE FORM BEFORE YOU SIGN IT; there is important information about what it means to you and your child when you sign this form. IN ORDER FOR THE DECLARATION OF PATERNITY TO BE FILED, BOTH PARENTS SHALL COMPLETE ALL PORTIONS OF SECTIONS A AND B AND SIGN THIS FORM. The form must be signed in the presence of a witness from the hospital or agency accepting the form. If not signed at a hospital, prenatal clinic or public agency, you must sign the form in the presence of a Notary Public. If you are the biological father and you wish to have your name entered on the child’s birth certificate, you must sign this form. Otherwise, you must go to court to establish legal paternity and pay a fee to amend the child’s birth certificate to add you name. Please see section “Filing This Form” below for more details.

PLEASE USE BLACK OR BLUE INK WHEN FILLING OUT THE ATTACHED FORM. PRINT ALL INFORMATION, EXCEPT FOR YOUR SIGNATURE. PLEASE PRESS FIRMLY AND PRINT CLEARLY WHEN FILLING OUT THE FORM. THIS FORM MUST BE SIGNED IN THE PRESENCE OF AN AUTHORIZED REPRESENTATIVE OR A NOTARY PUBLIC.

All portions of this section must be completed. This section identifies the mother, biological father, child and the place of the child’s birth. Your social security number may be used so child support, and other benefits your child may need, may be collected. If you write down your social security number, it will be on any copies made of this form. If you don’t have a social security number, you must check the box indicating that you do not have one. Failure to provide a social security number or check the box indicating you do not have one, may result in your declaration not being filed and returned to you.

In this section, both parents declare they are the mother and biological father of the child named on this form. Both parents must sign and date the form, for this form to be legal. PLEASE READ THE

REVERSE SIDE OF THE FORM BEFORE YOU SIGN IT.

This section is to be completed by the person who is a witness to the parents’ signatures on the form. The witness must be an official representative of the hospital or agency accepting the form.

This section is to be completed ONLY when the form is witnessed by a Notary Public. If parents do not complete the form at a hospital, prenatal clinic or public agency, they can only sign it before a Notary Public. This section is to be completed, signed and stamped by a Notary Public.

The original of this form MUST be sent to:

Department of Child Support Services

Paternity Opportunity Program (POP)

P.O. Box 419070

Rancho Cordova, CA 95741-9070

THE ORIGINAL OF THIS FORM MUST BE SENT WITHIN 20 DAYS OF THE DATE IT WAS SIGNED.

If you did not complete this form at the hospital (or when you registered your child’s birth), and you want to add the father’s name to the birth certificate, you must contact the California Department of Public Health, Office of Vital Records, MS 5103, PO Box 997410, Sacramento, CA 95899-7410 or your local Registrar of Births and Deaths. They will provide you with the additional forms you need to complete. You will be charged a fee to have your child’s birth certificate changed to include the father’s name. Both parents will be given a copy of this form. This form is an important legal record.

To rescind or cancel this form, either parent must complete and sign a Declaration of Paternity Rescission (CS 915). This form must be filed with the California Department of Child Support Services POP Unit (see address above) within sixty days of the date the paternity declaration was signed. If you signed the Declaration of Paternity when you were under the age of 18 years old, you must file the rescission form within 60 days after you reach the age of 18 years old. To obtain a form to rescind or cancel this form, contact the local child support agency, local registrar of births and deaths, or family law facilitator’s office or retrieve it from the DCSS POP website at http://www.childsup.cahwnet.gov/program/pop/. Evidence that a copy of the form has been provided to the other parent must also be provided with the rescission form. Rescinding this form will not remove the father’s name from the birth certificate.

SIGNATURE OF FATHER

STATE OF CALIFORNIA – HEALTH AND HUMAN SERVICES AGENCY

 

 

 

 

 

DEPARTMENT OF CHILD SUPPORT SERVICES

DECLARATION OF PATERNITY

 

SEND ORIGINAL (White Copy) TO: DCSS – Paternity Opportunity Program

CS 909 (12/08)

 

 

 

 

 

 

PO Box 419070

INSTRUCTIONS: PLEASE READ PAGE 1 AND 2 BEFORE COMPLETING

 

Rancho Cordova, CA 95741-9070

 

 

 

 

 

 

 

 

 

 

SECTION A

ALL PARTS OF SECTIONS A & B SHALL BE COMPLETED AND EITHER SECTION C OR D WITNESSED

 

CHANGES CANNOT BE MADE TO THIS FORM ONCE IT IS FILED WITH THE STATE

 

 

 

NAME OF CHILD – FIRST

 

MIDDLE

 

 

LAST

Child

 

 

 

 

 

 

 

DATE OF BIRTH (Month, Day, Year)

 

SEX

 

 

 

 

 

 

 

 

 

 

 

 

 

HOSPITAL NAME

 

 

 

 

CITY

Place of

 

 

 

 

 

 

 

Birth

 

 

 

 

 

 

 

COUNTY

 

STATE

 

 

 

 

 

 

 

 

 

 

 

 

 

NAME OF FATHER – FIRST

 

MIDDLE

 

 

 

LAST

Father’s

 

 

 

 

 

DATE OF BIRTH (Month, Day, Year)

 

SOCIAL SECURITY NO. (See Privacy Notice on back of this page)

 

BY CHECKING THIS BOX I CERTIFY I DO NOT

Information

 

 

 

 

 

 

 

 

 

 

 

 

HAVE A SOCIAL SECURITY NUMBER

 

 

 

 

 

 

 

 

CURRENT ADDRESS (NUMBER, STREET, CITY, STATE, ZIP)

 

 

 

 

 

 

 

 

 

 

 

 

 

NAME OF MOTHER – FIRST

 

MIDDLE

 

 

 

LAST

Mother’s

 

 

 

 

 

DATE OF BIRTH (Month, Day, Year)

 

SOCIAL SECURITY NO. (See Privacy Notice on back of this page)

 

BY CHECKING THIS BOX I CERTIFY I DO NOT

Information

 

 

 

 

 

 

 

 

 

 

 

 

HAVE A SOCIAL SECURITY NUMBER

 

 

 

 

 

 

 

 

CURRENT ADDRESS (NUMBER, STREET, CITY, STATE, ZIP)

 

 

 

 

 

 

 

 

 

 

 

 

SECTION B READ OTHER SIDE BEFORE SIGNING

 

 

 

 

 

 

 

 

I declare under the penalty of perjury under the laws of the State of California

I declare under the penalty of perjury under the laws of the State of California

that I am the biological father of the child named on this declaration and that the

that I am the unmarried natural mother of the child named on this

information I have provided is true and correct. I have read and understand the

declaration and that the information I have provided is true and correct. I

rights and responsibilities described on the back of this form.

I understand that

have read and understand the rights and responsibilities described on the

 

SAMPLE

by signing this form I am consenting to the establishment of paternity, thereby

back of this form. I certify that the man signing this form is the only possible

waiving those rights. I am assuming all of the rights and responsibilities as the

father of this child. I know that by signing this form I am establishing the man

biological father of this child. I wish to be named as the father on the child’s birth

signing this form as the biological father of this child with all the rights and

certificate.

 

 

 

responsibilities of a biological father under the laws of California. I consent to

I have been orally informed of my rights and responsibilities.

 

 

the establishment of paternity by signing this form. I have been orally

 

 

informed of my rights and responsibilities.

 

 

 

 

DATE SIGNED

SIGNATURE OF MOTHER

DATE SIGNED

SECTION C TO BE COMPLETED BY A WITNESS AT THE HOSPITAL, AGENCY OR CLINIC (PLEASE PRINT AND SIGN)

DECLARATION WITNESSED BY (SIGNATURE AND PRINTED NAME)

NAME OF AGENCY (HOSPITAL, CLINIC OR OTHER)

CURRENT ADDRESS (NUMBER, STREET, CITY, ZIP)

DATE SIGNED

SECTION D TO BE COMPLETED BY A NOTARY PUBLIC IF SECTION C IS NOT WITNESSED ABOVE

State of ______________________________________

County of ______________________________________

 

On _____________________________ before me, ____________________________________________________

 

(date)

(insert name and title of the officer)

 

Personally appeared ____________________________________________________________________________

 

_______________________________________________________________________________________________

 

who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are

 

subscribed to the within instrument and acknowledged to me that he/she/they executed the same in

 

his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s)

 

or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY

 

OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

 

WITNESS my hand and official seal. Signature____________________________________________________

(SEAL)

 

 

 

 

 

 

DISTRIBUTION: Original White Copy – DCSS

Yellow & Pink Copies – Parents

Green Copy – Local Child Support Agency

WHAT IS THE PURPOSE OF A DECLARATION OF PATERNITY?

A Declaration of Paternity form is used to legally establish the paternity (the father) of a child when the mother and father are not married to each other. It should be signed by the biological mother only if she is not married. It may be signed by the biological father regardless of his marital status. Signing this form is voluntary. If any part of this form does not make sense to you, talk to your Local Child Support Agency or a lawyer before signing the form.

HOW WILL YOU AND YOUR CHILD BENEFIT IF YOU SIGN THIS FORM?

When both parents sign this form it will:

Legally establish a parent-child relationship between the biological father and the child. Your child has the right to know his or her mother and father and to benefit from a relationship with both parents.

Allow the father’s name to be added to the birth certificate. Your child will benefit by having both of your names appear on his or her birth certificate. If the form is signed after the child’s birth certificate is prepared, there will be a fee to amend the birth certificate to add the father’s name.

Legally establish the man as the child’s father without going to court. This will give the father parental rights such as the right to seek child custody and visitation through a court action and to be consulted about the adoption of the child.

Make it easier for your child to learn the medical histories of both parents, to benefit from the father’s health care coverage, and to receive Social Security or Veterans’ dependent or survivor’s benefits, if eligible.

WHAT DOES IT MEAN IF YOU SIGN A DECLARATION OF PATERNITY?

A correctly completed and signed Declaration of Paternity filed with the California Department of Child Support Services will have the same effect as a court order establishing paternity for the child. If your child does not live with you and a court action is filed, you may be ordered by the court to pay child support. A court action must be filed to deal with the issues of custody, visitation or child support.

By signing this declaration, you are, by your choice, giving up all of the following rights, as they relate to paternity establishment: the right to a trial in court to decide the issue of paternity; to notice of any hearing on the issue of paternity; to have the opportunity to present your case to the court, including the right to present and cross examine witnesses; to have an attorney represent you; or to have an attorney appointed to represent you if you cannot afford one in an action filed by the Local Child Support Agency.

A Declaration of Paternity may be challenged in court only in the first two years after the child’s birth by using blood and genetic tests that prove the man is not the biological father. It also may be overturned if the father or mother is able to prove that he/she signed the form because of fraud, duress, or material mistake of fact.

If either or both of you are under the age of eighteen, a Declaration of Paternity will not establish paternity until sixty days after both of you are age eighteen or are legally emancipated. If you wish to legally establish paternity before both of you become adults, you should consult an attorney.

IF YOU CHANGE YOUR MIND AFTER YOU SIGN A DECLARATION OF PATERNITY

If either of you later change your mind after you sign this form, you must complete a Declaration of Paternity Rescission Form (CS 915) to cancel or rescind the Declaration of Paternity. You must file the rescission form with the California Department of Child Support Services within 60 days from the date you signed the Declaration of Paternity. If you signed the Declaration of Paternity when you were under the age of 18 years old, you must file the rescission form within 60 days after you reach the age of 18 years old. You can get a rescission form from your local child support agency, local registrar of births and deaths, family law facilitator’s office or retrieve it from the DCSS POP website at http://www.childsup.cahwnet.gov/program/pop.

For further questions contact a State POP Coordinator toll-free at (866) 249-0773.

PRIVACY NOTICE - The Information Practices Act of 1977 (Civil Code §1798.17) and the Federal Privacy Act of 1974 (Title 5, United States Code §552a(e)(3), §7 Note) require that this notice be provided when collecting personal information and social security number from individuals. Information requested on this form is used by the Department of Child Support Services (DCSS) and local child support agencies for the purposes of identification and establishing paternity. The personal information may be shared with child support agencies, welfare agencies, courts and entities providing services to such agencies. Failure to provide the mandatory information may result in the rejection of filing the declaration with the DCSS.

The agency official responsible for maintenance of the forms is: State Coordinator at the Paternity Opportunity Program of DCSS, Tel: (866-249-0773). Legal references authorizing solicitation and maintenance of this personal information include Title 42, United States Code §666(a)(13), Family Code §§7570-7577, and §17212. Copies of the Declaration of Paternity are maintained in confidential files of the Department of Child Support Services. Declarants have the right of access to their filed declaration form(s) upon request by calling (866-249-0773).

Document Specifications

Fact Name Fact Details
Purpose of Form The CS 909 form is used to establish paternity for a child when the parents are not married.
Signature Authority The form must be signed by both biological parents. The mother can only sign if she is unmarried.
Addition to Birth Certificate Filing the CS 909 allows the father's name to be added to the child's birth certificate.
Voluntary Process Filling out and signing the Declaration of Paternity is voluntary for both parents.
Legal Status A signed CS 909 is equivalent to a court order confirming paternity in California.
Rescission Procedure If parents wish to rescind the declaration, they must submit a rescission form (CS 915) within 60 days.
Privacy Notice Personal information collected is protected under state and federal privacy laws, including the Information Practices Act of 1977.
Governing Laws The process is governed by California Family Code §§7570-7577 and Title 42, United States Code §666(a)(13).

Steps to Filling Out Cs 909

Completing the CS 909 form is a crucial step for unmarried parents seeking to establish legal paternity for their child. The process involves providing various details about both parents and the child, signifying consent to the declaration, and ensuring proper witnessing of the signatures. Make sure to follow the instructions carefully to ensure that the form is valid and accepted.

  1. Obtain the CS 909 form. Ensure that you have a current version of the form, which can be found at your local child support agency or downloaded online.
  2. Use black or blue ink. When filling out the form, print clearly to avoid any errors in processing.
  3. Complete Section A. Enter the names of both parents, the child’s name, date of birth, sex, and the name of the hospital where the child was born.
  4. Provide Social Security Numbers. If available, include social security numbers for both parents. If a parent does not have a social security number, check the box indicating this.
  5. Complete Section B. Both parents must read and sign the declaration attesting to their relationship with the child. Ensure that the signatures are dated.
  6. Witness the form. If the form is signed at a hospital or agency, a witness from there must complete Section C. Otherwise, find a Notary Public to complete Section D.
  7. Submit the form. Send the original completed form to the Department of Child Support Services at the specified address within 20 days of the signatures.
  8. Keep copies. Retain copies of the form for personal records, as this will be an important legal document for both parents.

After submission, the CS 909 form will be processed by the Department of Child Support Services. It is advisable to follow up to ensure that the declaration has been properly filed. If there are any changes desired after signing, the form CS 915 must be completed within the specified time frame to rescind the declaration.

More About Cs 909

What is the purpose of the Cs 909 form?

The Cs 909 form, also known as the Declaration of Paternity, is used to legally establish a child's paternity when the parents are not married. By signing this form, the biological father acknowledges his role as the child's father, and this legal recognition facilitates various rights and benefits for both the father and the child.

How can signing this form benefit me and my child?

When both parents sign the Cs 909, it establishes a legal parent-child relationship. This ensures that the child's birth certificate includes both parents' names. It also grants the father parental rights, including the ability to seek custody or visitation. Furthermore, it helps the child access important benefits such as health care coverage and social security benefits.

What rights do I give up by signing the Declaration of Paternity?

By signing the Cs 909 form, you waive several rights related to the establishment of paternity, including the right to a court trial to decide paternity issues and the right to present your case in court. You also forgo the opportunity to have an attorney represent you during any related legal proceedings unless you take specific actions to secure representation.

Can I challenge the Declaration of Paternity once it is signed?

A Declaration of Paternity can be challenged only within two years of the child's birth. This challenge can occur if you can provide blood or genetic test results proving you are not the biological father. Additionally, if you can show that you signed the form due to fraud or coercion, you may also contest it.

What if I change my mind after signing the form?

If you decide to rescind the Declaration of Paternity, you must complete and file a Declaration of Paternity Rescission Form (CS 915) with the California Department of Child Support Services. This must occur within 60 days of signing the original form. If you signed the declaration while under 18, you can file the rescission within 60 days after turning 18.

How do I ensure the Declaration of Paternity is legally valid?

To ensure the Cs 909 form is legally binding, both parents must complete and sign it in the presence of a witness from a hospital or agency. If not done at a hospital, a Notary Public must witness the signatures. Furthermore, the form must be filed within 20 days of signing it to be valid.

What if I need to add the father's name to the birth certificate after its issuance?

If the father’s name needs to be added to the birth certificate after it has been issued, you must amend it through the California Department of Public Health. This process typically involves a fee. It's advisable to handle this as soon as possible after signing the Declaration of Paternity.

What happens if either parent is under 18?

If either parent is under the age of 18, the Declaration of Paternity does not take effect until both are 18 or legally emancipated. If you wish to establish paternity before reaching adulthood, consulting with an attorney would be beneficial to determine the best course of action.

Where can I get more information about the Declaration of Paternity?

For more information or assistance, individuals can contact a State Paternity Opportunity Program Coordinator toll-free at (866) 249-0773. Additionally, resources are available at local child support agencies and through the California Department of Child Support Services website.

Common mistakes

  1. Not providing all required information. Ensure that every section of the CS 909 form is filled out completely.

  2. Failure to sign in the presence of a witness. Both parents must sign in front of an authorized representative or Notary Public.

  3. Ignoring the social security number requirement. Not providing a social security number or failing to check the box indicating you don’t have one can lead to rejection of the form.

  4. Not filing the form within the required timeframe. The form must be sent to the California Department of Child Support Services within 20 days of signing.

  5. Overlooking the importance of reading instructions. Both parents should review the reverse side of the form to understand its implications before signing.

  6. Completing the form with incorrect ink color. Use only blue or black ink when filling out the form to ensure clarity and compliance.

  7. Not obtaining a copy for personal records. Keep a copy of the signed declaration for your own records, as it is a legal document with significant implications.

Documents used along the form

When completing the Declaration of Paternity form (CS 909), other important documents may also be needed. Below is a list of forms and documents that can provide further support in establishing paternity and managing related issues.

  • Declaration of Paternity Rescission Form (CS 915): This form is used to cancel or rescind a previously signed Declaration of Paternity. It must be filed within 60 days of signing the original declaration.
  • Birth Certificate Amendment Form: If the father’s name was not included on the birth certificate at the time of the child's birth, this form is needed to amend the certificate after the Declaration of Paternity has been processed.
  • Child Support Application (DCSS Form): This application initiates the process of establishing a child support order, which may be necessary after paternity is recognized.
  • Petition to Establish Paternity: In cases where the Declaration of Paternity is not signed, this form can be filed in court to legally recognize paternity through judicial proceedings.
  • Child Custody Agreement: If parents need to outline custody arrangements after establishing paternity, this document serves to formalize those agreements.
  • Visitation Agreement: This document is used to specify visitation rights and schedules for the non-custodial parent, ensuring that the child maintains a relationship with both parents.
  • Health Care Coverage Enrollment Form: Once paternity is established, this form can be submitted to enroll the child in the father's health insurance plan if applicable.
  • Social Security Benefit Application: This form can be submitted to apply for social security benefits for the child based on the father's eligibility as a dependent.
  • Verification of Employment Form: This form may be necessary when establishing financial obligations for child support, demonstrating the father’s earnings for assessment purposes.
  • Confidential Information Form: This supplementary form contains personal information and should be filed alongside other documents to enhance privacy and protection of sensitive data during the process.

These documents complement the Declaration of Paternity and assist in navigating the legal aspects associated with establishing the father-child relationship and securing the rights and benefits for both the child and the parents. Ensuring that all necessary documentation is complete will help facilitate a smooth process.

Similar forms

The Affidavit of Parentage serves a similar purpose to the CS 909 form. This document is used in various states to legally establish paternity when parents are not married. Much like the Declaration of Paternity, the Affidavit of Parentage requires both parents’ signatures and can often be signed in a hospital shortly after the child's birth. When completed, it allows the father’s name to be added to the birth certificate, ensuring that the child can have a record of both parents as part of their legal identity.

Acknowledgment of Paternity is another document akin to the CS 909 form. This acknowledgment is usually used when the child is born and both parents agree on paternity. Unlike the Declaration of Paternity, some states allow this form to be signed later, sometimes even after the child has been born. Depending on state laws, it allows the father’s name to be included in the birth certificate and provides legal rights similar to those established by CS 909.

The Paternity Complaint is a different legal tool that can be compared to the CS 909 form. This complaint is a formal request to the court to establish paternity when parents disagree. This document initiates legal proceedings and can lead to a court determination of paternity, requiring evidence and possibly even witness testimony. Unlike the CS 909 form, which is a voluntary agreement, a Paternity Complaint entails legal intervention and court involvement.

The Parentage Action form is also similar in scope to the CS 909. It is used when one parent files a complaint in court to establish paternity or address related issues like custody and support. This form requires detailed information and can involve a judge, making it more formal than the CS 909. However, like the Declaration of Paternity, it serves to secure the legal relationship between a father and child.

The Child Support Order aligns with the CS 909 form by establishing the responsibilities of the father once paternity is acknowledged. After paternity is established through CS 909, a Child Support Order can address the financial obligations towards the child. This document is crucial when determining the amount of financial support the father must provide, thereby ensuring that the child's needs are met.

The Birth Certificate is another related document. Once a parentage declaration or acknowledgment is accepted, it must be reflected on the child's birth certificate. The Core function of the CS 909 form is to lead to this important document, which serves as the official record of a child's identity and parentage. A correct entry on the birth certificate can have significant implications, including access to benefits and rights that the child may experience.

The Request for Genetic Testing can also be linked to the processes surrounding the CS 909 form. This document may be used in cases where there is a question of paternity, allowing a party to request DNA testing to establish biological ties. It serves as an important step when parents dispute paternity, contrasting with the voluntary nature of the CS 909.

The Notice of Paternity Rights is similar yet distinct from the CS 909. This document informs parents, usually the mother, of their legal obligations and rights regarding paternity. It educates about the benefits of acknowledging paternity, much like the information provided in the Declaration of Paternity. However, it’s primarily informational and not a legally binding document like the CS 909.

The Paternity Affidavit for Adoption is another related instrument, particularly when a child is being placed for adoption. This affidavit helps establish the biological father's rights, similar to the CS 909 form. It allows for the father’s consent regarding the adoption and ensures that his legal rights are acknowledged before the child's legal status changes.

Lastly, the Declaration of Paternity Rescission Form (CS 915) is directly tied to the CS 909 form's process. This document is used if one of the parents wishes to undo the Declaration of Paternity within a specific timeframe. By submitting this form, the legal establishment of paternity can be reversed, highlighting the voluntary nature of the original declaration and the possibility for changes based on new circumstances.

Dos and Don'ts

When filling out the CS 909 form, there are important do’s and don’ts to keep in mind. This will help ensure that the form is completed accurately and efficiently.

  • Do read all instructions carefully before starting.
  • Do use black or blue ink when filling out the form.
  • Do make sure both parents complete all portions of Sections A and B.
  • Do have the form signed in front of a witness or a Notary Public.
  • Do submit the form within 20 days of signing it.
  • Don't skip any sections; incomplete forms will be rejected.
  • Don't forget to provide accurate social security numbers, if applicable.
  • Don't alter the form once it has been filled out and signed.
  • Don't copy or allow others to see your personal information without consent.
  • Don't leave the form unsigned or unsigned witnesses, as this will invalidate it.

Following these guidelines will help you navigate the filling process more smoothly.

Misconceptions

Understanding the Declaration of Paternity and the CS 909 form is essential for unmarried parents establishing legal fatherhood. However, there are several misconceptions about this process. Here are eight common misconceptions clarified:

  • Misconception 1: Signing the CS 909 form is mandatory.
  • Actually, signing this form is completely voluntary. Parents can choose to sign it or pursue other legal pathways to establish paternity.

  • Misconception 2: Once signed, the father’s name is automatically added to the birth certificate.
  • The father’s name will only be included on the birth certificate if the CS 909 form is signed either at the hospital or afterward with the necessary amendments and fees.

  • Misconception 3: This form takes away any legal rights.
  • It's true that by signing, you waive certain rights related to paternity disputes, but this action allows for the establishment of a legal father-child relationship.

  • Misconception 4: A Declaration of Paternity can be overturned easily.
  • This is not the case. It can only be challenged in court within the first two years after the child's birth, based on specific evidence like DNA testing.

  • Misconception 5: Anyone can sign the form; there's no age restriction.
  • If either parent is under the age of eighteen, the established paternity will only take effect sixty days after both have reached the age of eighteen or are legally emancipated.

  • Misconception 6: Changing your mind after signing is impossible.
  • If either parent changes their mind, they can rescind their signature by filing a specific form within a designated time frame.

  • Misconception 7: There is no privacy concern when providing personal information.
  • In fact, personal information collected on this form is legally protected and should only be used for purposes related to child support and paternity establishment.

  • Misconception 8: You do not need a witness present to sign the form.
  • This form must be signed in the presence of either a witness from the hospital or a Notary Public, depending on where it is signed to ensure its validity.

Understanding these points can help you navigate the process of establishing paternity more effectively. It is always wise to consult with a local child support agency or legal professional if you have specific questions or need guidance.

Key takeaways

Understanding the process of filling out and using the CS 909 form is essential for unmarried parents seeking to establish paternity. Here are eight key takeaways:

  • The CS 909 form is a Declaration of Paternity, which legally establishes a father-child relationship.
  • Both parents must fill out all necessary sections, with signatures witnessed either at a hospital or by a Notary Public.
  • Signing the form is voluntary, and it is crucial to read and understand the rights and responsibilities before doing so.
  • If both parents sign the form, the father's name can be added to the child's birth certificate, enhancing the child’s rights and benefits.
  • Once filed, the Declaration of Paternity serves the same purpose as a court order establishing paternity.
  • A declaration can only be contested within two years using genetic testing if there's doubt about paternity.
  • If either parent changes their mind, they must file a rescission form (CS 915) within 60 days to cancel the declaration.
  • Failure to complete the form correctly or provide required information may lead to rejection by the Department of Child Support Services.

These takeaways can help ensure that both parents understand the process and implications involved in filing the CS 909 form.