15 MAC Pt. 5, R. 3.3.2
Paternity shall be determined in the following manner:
Cite as 15 Miss. Admin. Code Pt. 5, R. 3.3.2
Paternity shall be determined in the following manner:
1.
Mother married. If the mother was married at the time of either conception or
birth, or at any time between conception and birth, the name of the husband shall
be entered on the certificate of birth as the father of the child, unless paternity has
been determined and the natural father otherwise named by a court of competent
jurisdiction.
2.
Mother not married; no acknowledged father. If the mother was not married at
the time of either conception or birth, or at any time between conception and
birth, and there is no Acknowledgement of Paternity affidavit filed and no
determination of paternity by a court of competent jurisdiction, the name of the
father shall not be entered on the certificate of birth.
3.
Mother not married; acknowledged father. If the mother was not married at
the time of conception or birth, or at any time between conception and birth, and
the natural father acknowledges such paternity, the name of the father shall be
entered on the certificate. Such acknowledgement of paternity shall be made by
affidavit of both mother and father on the form prescribed by the Department of
Health and filed with the Office of Vital Records. (The Acknowledgement of
Paternity affidavit may be rescinded under Rule 3.3.4 โ Rescission of
acknowledgement of paternity, or superseded by court order. Once a rescission
has been filed the fatherโs information will be removed from the birth certificate
and the surname of the child will be changed to the legal name of the mother at
the time of birth.)
4.
Court-determined paternity. A petition, bill of complaint, or other proceeding
filed in a court of competent jurisdiction may result in a determination of
paternity. The name of the father as determined by said court shall be entered on
the birth certificate upon receipt of a certified copy of the court judgment. Court
determined paternity shall take precedence over all other methods of assigning
paternity.