19-7-27. Hospital program for establishment of paternity.

Except in the event of a medical emergency, prior to the birth of a child to an unmarried woman in a public or private hospital, the hospital that provides labor and delivery services shall provide to the mother and alleged father:#

1. (1)

   Written materials about administratively establishing paternity;#

2. (2)

   The forms necessary to voluntarily acknowledge paternity;#

3. (3)

   A written description of the rights and responsibilities of voluntarily acknowledging paternity, the differences between paternity and legitimation, and the duty to support a child upon acknowledgment of paternity; and#

4. (4)

   The opportunity, prior to discharge from the hospital, to speak with staff, either by telephone or in person, who are trained to clarify information and answer questions about administratively establishing paternity and the availability of judicial determinations of paternity.#

Providing the written materials describing rights and responsibilities shall not constitute the unlawful practice of law.#

After the birth of a child to an unmarried woman in a public or private hospital, the hospital that provides labor and delivery services shall:#

1. (1)

   Provide the child’s mother and alleged father if he is present at the hospital the opportunity to execute a voluntary acknowledgment of paternity if a notary public is available at such hospital;#

2. (2)

   File the signed voluntary acknowledgment of paternity with the State Office of Vital Records within 30 days of its execution, provided that such acknowledgment is signed at the hospital on or before the mother is discharged; and#

3. (3)

   Provide to the child’s mother and alleged father copies of the signed voluntary acknowledgment of paternity.#