Free Affidavit of Paternity Form

An affidavit of paternity (sometimes called an affidavit of acknowledgment of paternity) is a sworn legal document that identifies a child’s biological father when the parents were not married at the time of birth.

In many states, married couples do not need this form because the law automatically presumes the spouse is the child’s parent. That presumption usually does not apply to unmarried parents, which is why an affidavit of paternity is commonly used.

Many states follow some version of the Uniform Parentage Act (UPA), but the rules vary by state. Always check your local requirements before signing.

The affidavit is often signed at the hospital shortly after birth, but it can also be completed later through a vital records office, child support agency, or paternity registry.

Why an Affidavit of Paternity Matters

Once properly signed and filed, an affidavit of paternity establishes a legal parent-child relationship.

This can allow the child to:

• Be added to the birth certificate
• Access health insurance through the father
• Qualify for inheritance rights
• Receive Social Security or veterans’ benefits, if applicable

For parents, the affidavit also makes it easier to address child support, custody, and visitation through the appropriate legal channels.

An affidavit of paternity must be accurate and complete. False statements can carry serious legal consequences.

1. Identify the Parents

List the full legal names of the biological mother and biological father. This form is only appropriate for biological parents. If you are not the biological father, a different legal process, such as adoption, may apply.

2. Provide the Child’s Information

Include identifying details for the child, such as:

• Full legal name
• Date of birth
• Place of birth
• Sex

3. Reference Birth Registration Details

Most affidavits require you to list the office where the child’s birth was registered, such as the county or state vital records office.

4. Affirm Paternity and Unmarried Status

The father must affirm that he is the child’s biological parent and that he was not married to the child’s mother at the time of birth.

Only make these statements if they are true. Knowingly providing false information can lead to serious legal consequences, including perjury or fraud claims.

5. Sign Before a Notary or Witnesses

Most states require the affidavit to be signed in front of a notary public. Some states allow two qualified witnesses instead.

The notary or witnesses confirm the identities of the signers and the voluntary nature of the acknowledgment.

6. File the Affidavit

After signing, you must file the affidavit with the appropriate agency. This is usually:

• The Office of Vital Records
• A state or local child support agency
• A court or paternity registry

Filing requirements and deadlines vary by state, so confirm where and how to submit your form.

Yes, but only under limited circumstances.

Many states allow a short revocation window, often around 60 days after signing. During that time, a parent may revoke the affidavit without going to court.

After the revocation period ends, undoing an affidavit usually requires a court order and proof of fraud, coercion, or a material mistake of fact.