The Rights of Unmarried Parents - Northern Mariana Islands

Date:

Definitions

Citation: Commonwealth Code Tit. 8, § 1704

A person is presumed to be the natural other parent of a child if any of the following apply:

  • The child's parents are or have been married to each other, and the child is born during the marriage or within 300 days after the marriage is terminated.
  • Before the child's birth, the child's parents have attempted to marry each other, although the attempted marriage is or could be declared invalid, and either of the following applies:
    • If the attempted marriage could be declared invalid only by a court, the child is born during the attempted marriage or within 300 days after its termination.
    • If the attempted marriage is invalid without a court order, the child is born within 300 days after the termination of cohabitation.
  • After the child's birth, the child's parents have married or attempted to marry each other, although the attempted marriage is or could be declared invalid, and any of the following applies:
    • The person has acknowledged parentage of the child in writing filed with the commonwealth clerk of court office.
    • With their consent, the person is named as the child's other parent on the child's birth certificate.
    • The person is obligated to support the child under a written voluntary agreement or court order.
  • While the child is a minor, the person receives the child into their home and openly holds out the child as their natural child.
  • The person acknowledges parentage of the child in a writing filed with the commonwealth clerk of court office.

Use of Parentage Registries

This issue is not addressed in the statutes reviewed.

Alternate Means to Establish Parentage

Citation: Commonwealth Code Tit 8, § 1706

A child, their birth parent, or a person presumed to be the child's natural other parent, may bring an action to do either of the following:

  • At any time for the purpose of declaring the existence of the parent and child relationship presumed under tit. 8, § 1704
  • For declaring the nonexistence of the parent and child relationship only if the action is brought within a reasonable time after obtaining knowledge of relevant facts but in no event later than 5 years after the child's birth

After the presumption of parentage has been rebutted, parentage of the child by another person may be determined in the same action if that person has been made a party. Any interested party may bring an action at any time for the purpose of determining the existence or nonexistence of the parent and child relationship presumed under tit. 8, § 1704.

An action to determine the existence of the parent and child relationship with respect to a child who has no presumed other parent may be brought by the child, the birth parent, a personal representative of a child, the Division of Youth Services, the personal representative or a parent of the birth parent if the birth parent has died or is a minor, a person alleged or alleging themself to be the other parent, or the personal representative of the alleged other parent if the alleged other parent has died or is a minor.

Required Information

This issue is not addressed in the statutes reviewed.

Revocation of Claim to Parentage

This issue is not addressed in the statutes reviewed.

Access to Information

Citation: Commonwealth Code Tit. 8, § 1704

When the presumed other parent has filed an acknowledgment of parentage with the clerk of court office, the clerk of court office shall promptly inform the birth parent of the child of the fact.