How to Establish Paternity in North Dakota
Reviewed by DocDraft Legal Team · North Dakota · Last updated 2026-09-12
In North Dakota, establishing paternity means legally identifying a child's father so the child gains rights to support, custody and parenting time, health coverage, inheritance, and benefits. The state follows the Uniform Parentage Act, codified at N.D.C.C. chapter 14-20. Unmarried parents who agree can sign an Acknowledgment of Paternity, which once effective has the same force as a court adjudication of parentage (N.D.C.C. 14-20-15); a signatory may rescind it only by starting a proceeding before the earlier of 60 days after signing or the first court hearing on a related matter (N.D.C.C. 14-20-17). The load-bearing timing rules turn on whether the child already has a legal father. If a child has no presumed, acknowledged, or adjudicated father, a proceeding to adjudicate parentage may be brought at any time (N.D.C.C. 14-20-41). If the child has a presumed father, a proceeding must be commenced no later than two years after the child's birth (N.D.C.C. 14-20-42), subject to narrow exceptions. A man is presumed the father if he was married to the mother when the child was born or the child was born within 300 days after the marriage ended (N.D.C.C. 14-20-10). Genetic testing rebuttably identifies a man as the father when it shows at least a 99 percent probability of paternity and a combined paternity index of at least 100 to 1 (N.D.C.C. 14-20-29). Attorney review of your situation is available through DocDraft.
Find out where you stand in North Dakota
Where are you in establishing paternity?
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What are the ways to establish paternity in North Dakota?
Unmarried parents who agree can sign an Acknowledgment of Paternity, which once effective has the same force as a court adjudication of parentage (N.D.C.C. 14-20-15). If parents disagree, either can bring a proceeding to adjudicate parentage under the Uniform Parentage Act, and the court may order genetic testing.
How long do I have to establish paternity in North Dakota?
If the child has no presumed, acknowledged, or adjudicated father, a proceeding may be brought at any time (N.D.C.C. 14-20-41). If the child has a presumed father, a proceeding must generally be commenced no later than two years after the child's birth (N.D.C.C. 14-20-42).
What is the marital presumption of paternity in North Dakota?
Under N.D.C.C. 14-20-10, a man is presumed to be the father if he was married to the mother when the child was born, or the child was born within 300 days after the marriage ended. A proceeding challenging a presumed father must generally be started within two years of birth.
What genetic-testing result establishes paternity in North Dakota?
Under N.D.C.C. 14-20-29, genetic testing rebuttably identifies a man as the father when the results show at least a 99 percent probability of paternity, using a prior probability of 0.50, and a combined paternity index of at least 100 to 1. He can rebut only with other genetic testing.
North Dakota paternity law at a glance
North Dakota follows the Uniform Parentage Act (N.D.C.C. chapter 14-20), and its deadlines turn on whether the child already has a legal father. With no presumed, acknowledged, or adjudicated father, a proceeding to adjudicate parentage may be brought at any time (14-20-41). With a presumed father, a proceeding must generally begin within two years of birth (14-20-42), subject to narrow exceptions. A man is presumed the father if he was married to the mother at birth, or the child was born within 300 days after the marriage ended (14-20-10). Unmarried parents who agree can sign an Acknowledgment of Paternity that carries the force of an adjudication (14-20-15), rescindable only before the earlier of 60 days or the first related hearing (14-20-17). Genetic testing rebuttably identifies a father at a 99 percent probability with a combined paternity index of at least 100 to 1 (14-20-29).
Establishing North Dakota paternity when a presumed father exists
Suppose a child is born in North Dakota to a married woman, so her husband is a presumed father under N.D.C.C. 14-20-10. Another man who believes he is the biological father wants to be adjudicated the parent. Because the child has a presumed father, he must commence a proceeding to adjudicate parentage no later than two years after birth (14-20-42), subject to narrow exceptions. The court orders genetic testing, and a result showing at least a 99 percent probability with a combined paternity index of at least 100 to 1 identifies him as the father (14-20-29). Had the child had no presumed, acknowledged, or adjudicated father, a proceeding could have been brought at any time (14-20-41). Had the parents agreed, they could have signed an Acknowledgment of Paternity with the force of an adjudication (14-20-15). Attorney review is available through DocDraft.
Relevant Laws
N.D.C.C. 14-20-41 (no limitation where the child has no legal father)
Provides that a proceeding to adjudicate the parentage of a child having no presumed, acknowledged, or adjudicated father may be commenced at any time, even after the child becomes an adult.
N.D.C.C. 14-20-42 (two-year limitation where a presumed father exists)
Provides that a proceeding by a presumed father, the mother, or another individual to adjudicate the parentage of a child having a presumed father must be commenced no later than two years after the birth of the child, subject to narrow exceptions.
N.D.C.C. 14-20-10 (presumption of paternity)
Provides that a man is presumed to be the father of a child if he was married to the mother when the child was born, or the child was born within 300 days after the marriage was terminated, among other listed circumstances.
N.D.C.C. 14-20-15 and 14-20-17 (effect and rescission of an acknowledgment)
Provides that a valid acknowledgment of paternity is equivalent to an adjudication of parentage, and that a signatory may rescind it only by commencing a proceeding before the earlier of 60 days after the effective date or the first court hearing on a matter relating to the child.
N.D.C.C. 14-20-29 (genetic-testing probability threshold)
Provides that genetic testing rebuttably identifies a man as the father of a child when the results show at least a 99 percent probability of paternity, using a prior probability of 0.50, and a combined paternity index of at least 100 to 1.
North Dakota Child Support (Department of Health and Human Services)
The state child support program helps parents establish paternity, including the Acknowledgment of Paternity and genetic testing, and obtain and enforce support orders.
Regional Variances
North Dakota paternity rules at a glance
Voluntary path and form
Unmarried parents establish paternity by signing an Acknowledgment of Paternity, usually at the hospital or a local child support office. Once effective it has the force of a court adjudication of parentage (N.D.C.C. 14-20-15).
Rescission window
A signatory may rescind only by starting a proceeding before the earlier of 60 days after the effective date or the first court hearing on a matter relating to the child (N.D.C.C. 14-20-17).
Deadline where no legal father exists
If the child has no presumed, acknowledged, or adjudicated father, a proceeding to adjudicate parentage may be brought at any time (N.D.C.C. 14-20-41).
Deadline where a presumed father exists
If the child has a presumed father, a proceeding must generally be commenced no later than two years after the child's birth (N.D.C.C. 14-20-42), subject to narrow exceptions.
Genetic-testing threshold
Genetic testing rebuttably identifies a father at a 99 percent probability of paternity with a combined paternity index of at least 100 to 1 (N.D.C.C. 14-20-29).
Who administers it
North Dakota Child Support, within the Department of Health and Human Services, helps establish paternity and support; disputed parentage is adjudicated by the district court.
Suggested Compliance Checklist
Determine whether the child already has a legal father
Before signing or filing anything days after startingNorth Dakota's deadlines depend on this. No presumed, acknowledged, or adjudicated father means a proceeding may be brought at any time (N.D.C.C. 14-20-41); a presumed father triggers a two-year limit from birth (N.D.C.C. 14-20-42). A man married to the mother at birth is a presumed father (N.D.C.C. 14-20-10).
Get genetic testing if biological paternity is uncertain
Before signing an acknowledgment days after startingBecause a signed acknowledgment carries the force of an adjudication, obtain genetic testing first if there is any doubt. Under N.D.C.C. 14-20-29, results of at least 99 percent probability with a combined paternity index of at least 100 to 1 identify a father.
Sign and file the Acknowledgment of Paternity
At the hospital or a local office days after startingUnmarried parents who agree sign an Acknowledgment of Paternity, which once effective has the force of a court adjudication of parentage (N.D.C.C. 14-20-15). Keep a copy. Attorney review of your paternity matter is available through DocDraft.
Track the rescission window
Before the earlier of 60 days or the first hearing days after startingIf you need to rescind a signed acknowledgment, start a proceeding before the earlier of 60 days after the effective date or the first court hearing on a matter relating to the child (N.D.C.C. 14-20-17). After that, a challenge is limited to fraud, duress, or material mistake.
File a proceeding to adjudicate parentage if parents disagree
Within the applicable limitation period days after startingIf parents do not agree, bring a proceeding to adjudicate parentage under N.D.C.C. chapter 14-20, mindful of the two-year presumed-father limit (N.D.C.C. 14-20-42). The court can order genetic testing and adjudicate the father.
Keep records of the acknowledgment, testing, and orders
Ongoing days after startingSave copies of the acknowledgment, any genetic-test results, and court papers, and calendar the rescission window and the two-year presumed-father deadline (N.D.C.C. 14-20-42) so you do not miss a right-forfeiting date.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Determine whether the child already has a legal father | North Dakota's deadlines depend on this. No presumed, acknowledged, or adjudicated father means a proceeding may be brought at any time (N.D.C.C. 14-20-41); a presumed father triggers a two-year limit from birth (N.D.C.C. 14-20-42). A man married to the mother at birth is a presumed father (N.D.C.C. 14-20-10). | - | Before signing or filing anything |
| Get genetic testing if biological paternity is uncertain | Because a signed acknowledgment carries the force of an adjudication, obtain genetic testing first if there is any doubt. Under N.D.C.C. 14-20-29, results of at least 99 percent probability with a combined paternity index of at least 100 to 1 identify a father. | - | Before signing an acknowledgment |
| Sign and file the Acknowledgment of Paternity | Unmarried parents who agree sign an Acknowledgment of Paternity, which once effective has the force of a court adjudication of parentage (N.D.C.C. 14-20-15). Keep a copy. Attorney review of your paternity matter is available through DocDraft. | - | At the hospital or a local office |
| Track the rescission window | If you need to rescind a signed acknowledgment, start a proceeding before the earlier of 60 days after the effective date or the first court hearing on a matter relating to the child (N.D.C.C. 14-20-17). After that, a challenge is limited to fraud, duress, or material mistake. | - | Before the earlier of 60 days or the first hearing |
| File a proceeding to adjudicate parentage if parents disagree | If parents do not agree, bring a proceeding to adjudicate parentage under N.D.C.C. chapter 14-20, mindful of the two-year presumed-father limit (N.D.C.C. 14-20-42). The court can order genetic testing and adjudicate the father. | - | Within the applicable limitation period |
| Keep records of the acknowledgment, testing, and orders | Save copies of the acknowledgment, any genetic-test results, and court papers, and calendar the rescission window and the two-year presumed-father deadline (N.D.C.C. 14-20-42) so you do not miss a right-forfeiting date. | - | Ongoing |
Frequently Asked Questions
Establishing paternity in North Dakota means legally identifying a child's father so the child can receive support, custody and parenting time, health coverage, inheritance, and benefits. Under the Uniform Parentage Act it can be done by signing an Acknowledgment of Paternity or through a court proceeding to adjudicate parentage.
Unmarried parents who agree sign an Acknowledgment of Paternity, which once effective has the force of a court adjudication (N.D.C.C. 14-20-15). If parents disagree, either can bring a proceeding to adjudicate parentage under N.D.C.C. chapter 14-20, and the court may order genetic testing.
It is a form that unmarried parents sign to establish a legal parent-child relationship without going to court. Once it becomes effective, it has the same force and effect as a court adjudication of parentage under N.D.C.C. 14-20-15, and by signing the father generally waives genetic testing.
If the child has no presumed, acknowledged, or adjudicated father, a proceeding may be brought at any time (N.D.C.C. 14-20-41). If the child has a presumed father, a proceeding must generally be commenced no later than two years after the child's birth (N.D.C.C. 14-20-42).
Yes, but only within a narrow window. A signatory may rescind an Acknowledgment of Paternity by starting a proceeding before the earlier of 60 days after the effective date or the first court hearing on a matter relating to the child (N.D.C.C. 14-20-17).
A man married to the mother at birth, or within 300 days before the marriage ended, is a presumed father (N.D.C.C. 14-20-10). A proceeding to challenge a presumed father must generally be commenced within two years of birth (N.D.C.C. 14-20-42), subject to narrow exceptions.
A DNA test is central but not automatically conclusive. Under N.D.C.C. 14-20-29, genetic testing rebuttably identifies a man as the father when it shows at least a 99 percent probability of paternity, using a prior probability of 0.50, and a combined paternity index of at least 100 to 1. He can rebut only through other genetic testing.
North Dakota Child Support, within the Department of Health and Human Services, helps parents establish paternity, including free genetic testing in full-service cases, and obtain support orders. Contested parentage is decided by the district court, which may order genetic testing before adjudicating.
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