Affidavits are always thought to be used for acknowledgment of paternity. However, there can be many issues related to paternity that a husband or wife can deny the paternity of the child. In that situation, the affidavit is used to deny the paternity of the child. People usually deny the paternity of a child when they are not the legal parents of the child and they want to swear on this in a court of law.
What is an affidavit of a husband denying paternity of a child?
When the husband wants to deny the paternity of the child, he can sign the affidavit. This affidavit should also be signed right after the birth of the child.
Why do husbands need the affidavit to deny the paternity?
Many responsibilities come with paternity. Father and mother both have different types of responsibilities to fulfill. The father is predominately responsible for providing financial support to the child. The financial support includes bearing the educational, health, insurance, and other related expenses of the child. If the husband writes the affidavit denying the paternity and somehow proves it, he becomes free from all such responsibilities.
It is not easy to deny the paternity of the child. The hospital conducts the medical tests of the husband including the DNA test and then concludes.
When to use the affidavit denying paternity?
According to the law, if the parents of the child are married, both husband and wife are considered the parents of the child. However, if the parents are unmarried, the law only regards that the child only has a mother. In this situation, the father of the child is required to show up and sign the affidavit of paternity which the court regards as the acknowledgment from the father.
In some situations, the mother of the child wants to have a formal record of the child’s origin. If the person named by the mother as the father of the child does not acknowledge being the father, he can sign the affidavit denying the paternity. In that situation, the mother of the child should consult the law for establishing the paternity of the child.
A father can deny paternity if he is not the biological father of the child but the law regards him as the father. The paternity can be denied by the child and mother also. However, the court also gives this right to the husband to deny.
Tips to use the affidavit for denying the paternity:
A man needs to deny paternity as soon as he comes to know about his status in a court of law. When the husband denies the paternity and his repudiation is also supported by the DNA test, the court tries to seek the real biological father of the child. Although the mother of the child can alone bring up the child, the court may need to determine the real father of the father for many other reasons.
Sample Template
Subject: Affidavit stating husband denying paternity of child
It is stated to the concerned authority that Mr. Franklin, a resident of Crawford Street, Ontario, Canada, appeared personally before me, the authority as undersigned.
He swore before the undersigned and declared that he is not the father of a female child, named Karolina, an infant aged 3 months who was born to Ms. Serena, on the 1st of May 20XX at Holy Family Hospital, Ontario, Canada, thereby denying the paternity of the above-mentioned child. He declared that at the time of her birth, he and Ms. Serena were married to each other.
Moreover, he further added that the behavior of his wife with him was suspicious right from the first day they married each other. Upon the birth of the baby, he had a sperm viability test and found this surprising fact that he had never been able to become a father so how could this baby be born to him? Considering this and other facts, he is reluctant to be called the father of the child named Karolina.
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(Signature of the husband)
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(Name of the husband)
_________________________________
(Seal of Notary Public with name)
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