Parentage and Paternity -- Marriage and Domestic Partnerships

If parents were married in another country, but were in this marital relationship at the time of the child's conception, birth, or period in between, there is no need to take formal action to establish parentage. If there is a question, it may be necessary to show the marriage certificate.

A person other than the mother's spouse or domestic partner may not acknowledge parentage because a legal parent-child relationship already exists. In such situations, the parents may wish to seek guidance from a private attorney about the best way to establish parentage.

However, a man can legally acknowledge paternity of a child who is born to a woman other than his wife, as long as the woman was not married or in a domestic partnership with another person when the child was conceived or born.

Under certain very stringent conditions, District law recognizes a couple as married if they live together and hold themselves out to the community as being married. However, because the conditions are so stringent, the best way to be sure that the both parents' names will be placed on the birth certificate is for the parents to establish parentage through acknowledgement (AOP) or court order.

To establish a domestic partnership in the District, each person must:

1. Be over the age of 18 and competent to contract (not impaired).
2. Not be married to someone else or in another domestic partnership.
3. Be the sole domestic partner of the other person.
4. Complete and file the Declaration of Domestic Partnership at the Vital Records Division of the DC Department of Health.

As of July 18, 2009, the Domestic Partnership Judicial Determination of Parentage Amendment Act of 2009 (“Domestic Partnership Act”) creates a presumption of parentage in persons who are in a registered domestic partnership.

A man is presumed (believed to be) the father of a child if he and the mother were in a domestic partnership at the time of conception or birth, or the period between conception or birth, and the child was born during the domestic partnership or within 300 days after it ended.

Similarly, a female domestic partner is the presumed (believed to be) the parent of a child if she and the child’s mother were in a domestic partnership at the time of conception or birth, or the period between conception and birth, and the child was born during the domestic partnership or within 300 days after the domestic partnership ended.

For legal purposes, a child born to parents in a registered domestic partnership is treated like a child born to a married couple.

The child is considered the legitimate child of both parents, as well as the legitimate relative of its parents’ relatives by blood or adoption.  The child is entitled to the same rights, privileges, duties, and obligations under DC law.

Both parents’ names will be included on the child’s birth certificate if the domestic partnership existed at the time of the child's conception or birth or it was entered during the period between the child's conception and birth.

Under the domestic partnership law, parentage is established by virtue of the domestic partnership relationship.  Parentage is established as long as the opposite-sex or same-sex couple files the Declaration of Domestic Partnership; is in the domestic partnership at the time of conception, birth, or the period between conception and birth; and the child is born during the domestic partnership or 300 days after it is terminated. 

Domestic partners do not have to take any of the following actions to establish parentage:

1. Sign the Voluntary Acknowledgement of Paternity (“AOP”).
2. Undergo genetic testing.
3. File a parentage action in court.

The person who does not have primary custody of the child will have a continuing duty to support the child financially. If a formal child support case is opened, that parent will be responsible for following the order that is entered regarding financial and/or medical support for the child.

If the custodial parent is receiving Temporary Assistance to Needy Families (TANF), the case will automatically be sent to the Child Support Services Division (CSSD) to establish child support unless there is “good cause” for the custodial parent not to cooperate with CSSD.

The child support amount will be computed using the Child Support Guidelines, which takes into account both parents’ income.