Voluntary Acknowledgements of Parentage (VAPs): What LGBTQ+ Parents Need to Know
Updated June 2026
As many LGBTQ+ parents know, establishing legal parentage can be a complicated process.
From confirmatory adoptions to pre-birth orders, the processes that LGBTQ+ parents must go through to establish parentage can be expensive and time-consuming and feel unfair. However, in a growing number of states, the path to parentage for LGBTQ+ people is becoming considerably simpler thanks to Voluntary Acknowledgments of Parentage (VAPs).
So, what are VAPs? Read on to learn more about this process for establishing parentage, and how it may impact your family.
Disclaimer: This information is not intended to be legal advice, but an overview of the current state of Voluntary Acknowledgments of Parentage (VAPs) as they relate to establishing legal parentage for LGBTQ+ parents. The law is changing quickly and dynamically and varies considerably from state to state, so it is important to consult an attorney in your state who has expertise in family law and has experience working with LGBTQ+ people and couples.
Voluntary Acknowledgements of Parentage (VAPs)
A Voluntary Acknowledgment of Parentage (VAP) is a form that parents sign acknowledging that they are a child’s parents and are willingly assuming the rights and responsibilities of parentage. In some states, a VAP is called an Acknowledgment or Affidavit of Parentage (AOP) or a Voluntary Declaration of Parentage (VDOP).
Parents may sign them before or after birth, depending on the state. When both parents sign a VAP, the non-birthing parent can be added to the child’s birth certificate and is a legally recognized parent.
VAPs are not new (for different-sex couples)! In fact, all states must have a VAP process by which unmarried fathers can establish legal parentage. However, until 2017, VAPs were only available to different-sex couples. A growing number of states have amended their VAPs to make them available to same-sex couples, even when they use assisted reproduction to grow their families.* They’re an important tool for establishing legal parentage.
The requirements for VAPs vary from state to state; however, in all states VAPs are a simple form that generally does not require families to hire or involve lawyers to complete the process. Once a VAP takes effect, it is the legal equivalent of a court order. Federal law requires VAPs to be recognized in all fifty states and in all jurisdictions. Parents may rescind a VAP for a specific period – typically 60 days following signature. Once this period has passed, parents must establish a legal basis, such as fraud, under which to challenge a VAP.
Family Equality urges parents who complete a VAP to request a copy and carry this information and the child’s birth certificate with them when traveling.
*This may not apply to couples who use surrogacy.
Which states allow LGBTQ+ parents to sign VAPs?
As of the date of this publication, only fifteen states allow LGBTQ+ parents to establish parentage via a VAP. The requirements for VAPs vary slightly from state to state, and it is important to understand and follow the specific requirements of your state.
- California
- Colorado
- Connecticut
- Delaware (effective December 6, 2026)
- Hawaii
- Illinois
- Maine
- Maryland
- Massachusetts
- Michigan
- Nevada
- New York
- Oregon
- Rhode Island
- Vermont
- Washington
The benefits for LGBTQ+ parents
VAPs are usually free. They are also quickly enforceable because they go into effect either as soon as all parties sign the form, as soon as a parent gives birth, or as soon as the appropriate state agency files it. And, as stated above, parents can complete a VAP without having an attorney.
Many parents may wonder if they can sign a VAP after using assisted reproduction to conceive their child. The answer is yes! All fifteen states that extend VAPs to LGBTQ+ parents allow parents using assisted reproduction to sign a VAP. VAPs are less helpful for parents using surrogacy: only Massachusetts, Nevada, and Vermont explicitly allow parents using surrogacy to sign a VAP, and even in those states other legal processes are necessary along with a VAP to establish legal parentage.
State-specific information
Click on each state to learn more about the state’s specific details related to VAPs.
What is a VDOP? Is this what VAPs are called in California?
Yes. In California, VAPs are called Voluntary Declarations of Parentage (VDOP).
What does the VDOP process entail?
Upon the birth of a child at a hospital, parents will be provided an opportunity to complete a VDOP. If signed in a hospital, a notary is not needed. If the declaration is not registered by the person responsible for registering live births at the hospital, it may be completed by the attesting parents, notarized, and mailed to the Department of Child Support Services at any time after the child’s birth. To obtain a VDOP outside of the hospital, parents may get a blank form from their local child support agency, local court or Family Law Facilitator, local registrar of births and deaths, and their local welfare office. Parents may also contact the Parentage Opportunity Program to request a blank form. VDOPs are not available electronically. Therefore, you must provide program staff with a complete mailing address. If signed outside of a hospital, a VDOP must be signed by a qualified authorized witness, which includes authorized witnesses from agencies such as family law facilitators, local registrars of births & deaths, local child support agencies, local welfare offices or notary publics.
When can parents sign a VDOP?
Before a child is born, or any time after birth. The VDOP will not take effect until the child is born or until the document is filed with the Department of Child Support Services, whichever occurs later. A VDOP that is signed by a minor parent does not establish parentage until 60 days after both signatories have reached 18 years of age or are emancipated, whichever occurs first.
Can parents sign a VDOP at the hospital right after a child’s birth?
Yes.
How long does it take to process a VDOP?
Once the completed, signed, and witnessed VDOP is received, the Parentage Opportunity Program takes an average of 14 to 21 business days to process the form. If this time frame has passed, parents can call the program’s toll-free line at (866) 249-0773 for a status update and to confirm the VDOP has been processed. Parents can also obtain a free, certified copy of the filed VDOP by submitting a Request for a Filed Declaration of Parentage (DCSS 0918) form. The VDOP will not take effect until the child is born or until the document is filed with the Department of Child Support Services, whichever occurs later. A VDOP that is signed by a minor parent does not establish parentage until 60 days after both signatories have reached 18 years of age or are emancipated, whichever occurs first.
Do I need an attorney?
No.
Who can sign a VDOP?
To qualify to sign a VDOP, one signer must be the parent who gave birth to the child, and the other signer must be either: (1) the only possible father of the child who is not married to the birth parent; or (2) someone who is an intended parent of the child based on an assisted reproduction agreement and the child was conceived through assisted reproduction where the donor was not the spouse of the birth parent.
Can married parents sign a VDOP?
Yes, if the parents utilize an assisted reproduction agreement to conceive their child. Otherwise, only unmarried parents can sign a VDOP.
Do VDOPs impact birth certificates?
If the VDOP is signed after the original birth certificate is created, the child’s birth certificate will NOT update automatically. Contact the California Department of Health, Office of Vital Records to obtain additional information regarding the process to change the name listed on a birth certificate. You may contact the Office of Vital Records at (916) 445-2684, or by email.
Can parents rescind a VDOP?
Either parent may rescind a VDOP for 60 days after signing. Once this period has passed, parents must establish a legal basis, such as fraud, under which to challenge a VDOP.
Where can I find more information?
What does a VAP process entail?
The form may be submitted at the time of birth. If the form was not submitted at the time of birth, parents must return the form with a copy of driver’s licenses or an acceptable form of ID from all parties listed in Sections B, C, and D (excluding witnesses) to the Colorado Department of Health and Environment, Vital Records at 4300 Cherry Creek Dr. South; Denver, CO 80246-1530. Find a list of acceptable IDs.
When can parents sign a VAP?
Before a child is born, or any time after birth up to age 18, and in some cases, up to age 21. The VAP will not take effect until the child is born or until the document is filed, whichever occurs later.
Can parents sign a VAP at the hospital right after a child’s birth?
Yes.
How long does it take to process a VAP?
Processing time is 30 business days from the date of receipt. If parents have questions about the process or whether the VAP was received, they can call the CO Dept. of Public Health and Environment, Vital Records at 303-692-2200 or email here. To request a certified copy of the VAP parentage form, the fee is $17. Request a copy with this form.
Do I need any attorney?
No.
Who can sign a VAP?
To qualify to sign a VAP, one person must be the parent who gave birth, and the other person must be either a person who believes themselves to be a genetic parent or another person who is an intended parent of a child conceived through an assisted reproductive procedure.
Can married parents sign a VAP?
Yes.
Do VAPs impact birth certificates?
If a birth certificate was generated prior to filing the VAP, the birth certificate will NOT be updated automatically. There is a $20 fee to add a parent’s name to a birth certificate. When a change to a birth certificate has been made, any previously issued birth certificates will no longer be valid.
Can parents rescind a VAP?
Yes, within 60 days or before any court hearing involving the child, whichever occurs first. A VAP may be rescinded after 60 days if challenged based on fraud, duress, or mistake of material fact.
Where can I find more information?
What is an AOP? Is this what VAPs are called in Connecticut?
Yes. In Connecticut, VAPs are called Acknowledgments of Parentage (AOP).
What does an AOP process entail?
Parents need a witness to sign the form, and the witness must be an authorized official. If signing the form outside the hospital, parents must show the notary or other authorized official a photo identification, such as a driver’s license, motor vehicle identification card, passport, etc. Signatures need to be dated, and both parents do not need to sign at the same time. After the AOP has been completed, signed, and sworn to by both parents, each parent will receive and need to keep a copy of the form. The original completed copy must be sent to the Connecticut Department of Public Health, Vital Records Section – Parentage Registry at 410 Capitol Avenue- MS#11VRS; P.O. Box 340308; Hartford, CT 06134-0308. If the form is completed at a hospital or local DSS office, the hospital or DSS office will forward it to DPH. If parents are completing the form on their own or with the assistance of an attorney, the parents or the attorney must send the original copy to the Department of Public Health.
When can parents sign an AOP?
Before a child is born, or any time after birth until the child reaches the age of 18. The AOP will not take effect until the child is born.
Can parents sign an AOP at the hospital right after a child’s birth?
Yes.
How long does it take to process an AOP?
Normal processing time is approximately four to six weeks.
Do I need an attorney?
No.
Who can sign an AOP?
The person who gave birth and: (1) alleged genetic parent; (2) presumed parent; or (3) intended parent. A presumed parent includes married parents, parents who are no longer married but whose child was born less than 300 days from the termination of the marriage, or parents who have resided in the same household with the child for 2 years, including temporary absences, and who held out the child as their own. An intended parent is one who consents to and uses assisted reproductive technology to conceive a child. Surrogates and donors are not intended parents.
Can married parents sign an AOP?
Yes, married and unmarried parents can sign an AOP.
Do AOPs impact birth certificates?
Persons responsible for the preparation and filing of birth records, such as hospital staff, are required to accept the AOP up to 10 days from discharge as a basis for including the acknowledging parent’s information on the birth certificate. If parentage is established later on, after a birth certificate has already been created an AOP form must be submitted to the Parentage Registry at the Department of Public Health. Connecticut Department of Public Health Vital Records Section Parentage Registry 410 Capitol Avenue – MS#11VRS P. O. Box 340308 Hartford, CT 06134-0308 Telephone: (860) 509-7958. Once parentage has been established through the completion of the AOP, the birth certificate will be amended to include the acknowledged parent’s information and any requested change to the child’s name as identified on the AOP.
Can parents rescind an AOP?
Either parent may rescind an AOP within 60 days from signing. Once this period has passed, a person challenging an AOP must establish a legal basis, such as fraud, under which to challenge an AOP.
Where can I find more information?
You can find more information about AOPs in Connecticut here.
What law created the VAP process for LGBTQ+ parents in Delaware?
Delaware has updated its parentage laws — the rules for who is legally recognized as a child’s parent. On June 9, 2026, Delaware Governor Meyer signed Senate Bill 250, which adopts the 2017 Uniform Parentage Act and takes effect about 180 days later, on or around December 6, 2026. A key change makes the Voluntary Acknowledgment of Parentage (VAP) form available to more families, including LGBTQ+ parents and intended parents who use assisted reproduction, regardless of gender, sexual orientation, or marital status.
The law also rewrites Delaware’s parentage rules in gender-neutral language, clarifies paths for de facto parents and families formed through assisted reproduction, updates the state’s surrogacy framework, and lets donor-conceived people access donor medical and identifying information at age 18.
What does a VAP process entail?
The person who gave birth and the person seeking to establish parentage must both sign the VAP form, and the signatures must be attested by a notarial officer (notarized). The form must state that the child does not already have a presumed parent (other than the person signing, or naming any presumed parent who exists), and no other acknowledged or adjudicated parent. By signing, both people confirm they understand the VAP is the legal equivalent of a court order establishing parentage, and can be challenged only in limited circumstances. The completed form is filed with the Delaware Office of Vital Statistics. There is no fee to file.
Because Senate Bill 250 does not take effect until on or around December 6, 2026, the Delaware Department of Health and Social Services is still in the process of updating its forms and procedures to reflect the new law. Parents should contact the Delaware Division of Child Support Services, or the Office of Vital Statistics, for the most current forms and filing instructions.
When can parents sign a VAP?
After the child is born, and any time before the child turns 18 (or 19 if still in high school). A VAP can be signed before or after birth, but it does not take effect until the child is born or the form is filed, whichever is later.
Can parents sign a VAP at the hospital right after a child’s birth?
Yes. Parents can sign a VAP at the hospital after the baby is born. You can also sign later at an Office of Vital Statistics or a Division of Child Support Services office.
How long does it take to process a VAP?
The VAP takes legal effect on the birth of the child or when the form is filed with the Office of Vital Statistics, whichever occurs later.
Do I need an attorney?
No.
Who can sign a VAP?
To sign, one signer must be the person who gave birth to the child, and the other signer must be one of the following: a possible genetic parent, an intended parent (someone who planned to have the child through assisted reproduction), or a presumed parent such as a spouse. Both signers must confirm that the child does not already have another presumed, acknowledged, or adjudicated parent. A VAP cannot be signed if either the person who gave birth or the person seeking to establish parentage is a minor (under 18); in that case, parentage must be established through Delaware Family Court instead.
Can married parents sign a VAP?
Yes, when the spouse signing is a parent of the child. If the person who gave birth was married to a different person — someone who is not a parent of the child — that spouse is a presumed parent and must sign a Denial of Parentage. The Denial and the VAP must be filed together; neither one takes effect until both are filed. When both are properly filed, the presumed parent (the spouse) is released from all parental rights and responsibilities, and the signing parent becomes the legal parent.
Can LGBTQ+ families using assisted reproductive technologies establish parentage through VAPs?
Yes. The new law allows an intended parent — including a non-genetic parent who planned the child through assisted reproduction — to sign a VAP, regardless of gender, sexual orientation, or marital status.
Can LGBTQ+ families using surrogacy establish parentage through a VAP?
No. The VAP is not the pathway for children born through surrogacy; surrogacy is governed by the separate gestational and genetic carrier provisions of the law. Families formed through surrogacy should consult with an experienced family law attorney about the appropriate parentage pathway under Delaware law.
Do VAPs impact birth certificates?
Yes. Once a VAP is completed and filed, the Office of Vital Statistics places the parent’s name on the child’s birth certificate.
Can parents rescind a VAP?
Yes, within a limited window. Either person who signed can rescind the VAP by starting a proceeding to undo it, before the earlier of: 60 days after the VAP’s effective date, or the date of the first court hearing involving the child (including a proceeding to establish child support) to which the signer is a party. After that window closes, a VAP can be challenged in court only on the basis of fraud, duress, or material mistake of fact, and a challenge is barred two years after the VAP’s effective date.
Where can I find more information?
What is a AOP? Is this what VAPs are called in Hawaiʻi?
Yes. The form is called an Acknowledgment of Parentage (AOP). (Hawaiʻi’s parentage statute places it in a part titled “Voluntary Establishment of Parentage,” but the form itself is the Acknowledgment of Parentage.)
What does the AOP process entail?
The person who gave birth and the other person seeking to establish parentage both sign the form, under oath, along with a witness; the signatures must be attested by a notarial officer or witnessed. The form must state that the child does not already have another presumed parent (other than the person signing) and no other acknowledged or adjudicated parent. The form also collects each signer’s Social Security number, date of birth, place of birth, and ethnic background. Birthing hospitals, birthing centers, midwives, the child support enforcement agency, and the Department of Health are all required to give parents the opportunity to complete the form around the time of the child’s birth. The completed form is filed with the Hawaiʻi Department of Health; an electronic version may be used.
Because Hawaiʻi’s parentage law (Chapter 584A) only took effect January 1, 2026, the Department of Health may still be updating its forms and procedures. Parents should contact the Hawaiʻi Department of Health, Office of Vital Records, for the most current forms and filing instructions.
When can parents sign an AOP?
After the child is born or any time afterwards.
Can parents sign an AOP at the hospital right after a child’s birth?
Yes. Birthing hospitals and birthing centers are required to give parents the opportunity to complete the form during the period immediately before or following the child’s birth. (One exception: a presumed parent — for example, a spouse — must submit the acknowledgment directly to the Department of Health rather than through the hospital.)
Do I need an attorney?
No.
Who can sign an AOP?
To sign, one signer must be the person who gave birth to the child, and the other signer must be one of the following: an alleged genetic parent, an intended parent (a person, married or unmarried, who intends to be legally bound as a parent of a child conceived by assisted reproduction), or a presumed parent such as a spouse. Both signers must certify that the child does not already have another presumed parent (other than the person signing) or another acknowledged or adjudicated parent. This includes same-gender couples and unmarried couples using assisted reproduction. If a parent signing the form is a minor, hospital or agency staff must explain any rights that apply due to their minority status before signing.
Can married parents sign an AOP?
Yes. The process is available to married and unmarried parents alike. A spouse who is a presumed parent submits the acknowledgment directly to the Department of Health.
Can LGBTQ+ families using assisted reproductive technologies establish parentage through an AOP?
Yes. Chapter 584A expressly recognizes intended parents — regardless of gender, sexual orientation, or marital status — who consent to assisted reproduction with the intent to parent the resulting child.
Can LGBTQ+ families using surrogacy establish parentage through an AOP?
No. Surrogacy is governed by the separate surrogacy provisions of Chapter 584A. Families formed through surrogacy should consult an experienced family law attorney for guidance on the appropriate parentage pathway under the new law.
Do AOPs impact birth certificates?
Yes. When an AOP is completed and filed with the Hawaiʻi Department of Health, the signers’ names are included on the child’s birth certificate, which the Department promptly records.
Can parents rescind an AOP?
A signer may rescind an AOP within 60 days, or before the date of an administrative or judicial proceeding relating to the child, whichever occurs first. After that window, an Acknowledgment of Parentage may be challenged in court only on the basis of fraud, duress, or material mistake of fact.
Where can I find more information?
Because Chapter 584A only took effect January 1, 2026, updated forms and guidance may still be in development. For the most current information, contact the Hawaiʻi Department of Health, Office of Vital Records, at (808) 586-4533 or visit here.
What does the VAP process entail?
Both parents must sign the VAP form (HFS Form 3416B) in the presence of a witness who is at least 18 years old and is not a parent or child named on the form. The form is available at hospitals, local registrar of vital records offices, county clerk’s offices, Department of Human Services offices, and Child Support Services offices. If the VAP is completed at the hospital when the child is born, hospital staff will witness the document and submit it to the Illinois Department of Healthcare and Family Services (HFS) for filing. If the VAP is not completed at the hospital, each parent must sign and date the form in front of a witness and submit the completed original document to HFS at the address listed on the form. Do not send a photocopy — only original signatures are accepted. A VAP may also be completed for a child born in another state.
When can parents sign a VAP?
The VAP may be completed any time before or after the child is born, but it is not valid until the child is born and the VAP is filed with HFS.
Can parents sign a VAP at the hospital right after a child’s birth?
Yes.
How long does it take to process a VAP?
The VAP becomes legally effective when it is received and filed with HFS. Once HFS files the VAP, it notifies the Illinois Department of Public Health (IDPH), Division of Vital Records, to update the child’s birth certificate. Parents with questions about the status of a filed VAP may call the HFS customer service call center at 1-800-447-4278.
Do I need an attorney?
No.
Who can sign a VAP?
To qualify to sign a VAP, one signer must be the birth parent (the person who physically gave birth to the child), and the other signer must be either: (1) a genetic parent, meaning a parent who is not the birth parent but is genetically related to the child; or (2) an intended parent of the child born through assisted reproduction, other than surrogacy. Both signers must certify that the signing parent is the only other possible genetic or intended parent of the child, and that the child does not already have a legally acknowledged or court-ordered parent.
Can married parents sign a VAP?
Yes, if the birth parent was married to or in a civil union with the signing parent at the time of the child’s birth. However, if the birth parent was married to or in a civil union with a different person at the time of the child’s birth (or within 300 days before the birth), a Denial of Parentage form (HFS Form 3416D) must also be completed by the birth parent and that spouse or former spouse, and filed together with the VAP. When both forms are properly filed, the spouse is released from all parental rights and responsibilities, and the signing parent becomes the legal parent.
Can LGBTQ+ families using assisted reproductive technologies establish parentage through a VAP?
Yes.
Can LGBTQ+ families using surrogacy establish parentage through a VAP?
No. The VAP is not available for children born through surrogacy. Families formed through surrogacy should consult with an experienced family law attorney about the appropriate parentage pathway under Illinois law.
Do VAPs impact birth certificates?
Yes. When the VAP is completed at the hospital, hospital staff will add the signing parent’s name to the child’s birth certificate and submit the VAP to HFS. When the VAP is completed outside the hospital, HFS will notify IDPH to update the birth certificate after the VAP is filed. If the form contains errors it will be rejected, and the parent’s name will not be placed on the birth certificate.
Can parents rescind a VAP?
Either the birth parent or the signing parent may rescind a VAP by completing a Rescission of Illinois Voluntary Acknowledgment of Parentage form (HFS Form 3416E), signed, witnessed, and filed with HFS within 60 days of the effective date of the VAP, or before the date of any proceeding relating to the child, whichever occurs first. After 60 days, a VAP may be challenged in court only on the basis of fraud, duress, or material mistake of fact, and any such challenge must generally be filed within two years of the effective date of the VAP.
Where can I find more information?
What is an AOP? Is this what VAPs are called in Maine?
Yes. In Maine, VAPs are called Acknowledgments of Parentage (AOP).
What does an AOP process entail?
Each parent must sign an AOP form in the presence of a notary public, and the notary must notarize each signature on page 1. Each parent must initial and select the appropriate statements of the acknowledgment on page 2. Alterations, erasures, white-outs, cross-outs, write overs, etc. will not be accepted and will invalidate the form. The completed and notarized AOP form and statements, along with any applicable fees, must be submitted directly to the Office of Data, Research, and Vital Statistics (DRVS), 220 Capitol Street; 11 State House Station; Augusta, Maine 04333-0011. Appointments may be requested by calling the office at 207-287-3771 or 1-888-664-9491. The fee for one certified copy of the Certificate of Live Birth after the AOP has been applied is $15. Additional copies requested at the same time are $6 each.
When can parents sign an AOP?
Any time after birth until the child reaches the age of 18.
Can parents sign an AOP at the hospital right after a child’s birth?
Yes.
How long does it take to process an AOP?
An AOP goes into effect on the date of the birth of the child or the filing of the document with the State Registrar of Vital Statistics, whichever occurs later.
Do I need an attorney?
No.
Who can sign an AOP?
A person who gave birth, provided the person is not a surrogate, and (1) an alleged genetic parent; (2) a presumed parent; or (3) an intended parent. A presumed parent includes married parents, parents who are no longer married but whose child was born less than 300 days from the termination of the marriage, or parents who have resided in the same household with the child for 2 years, including temporary absences, and who held out the child as their own, assuming financial and custodial responsibility for the child. An intended parent is a person, married or unmarried, who manifests the intent to be legally bound as the parent of a child resulting from assisted reproduction. In the case of a married couple, any reference to an intended parent includes both spouses for all purposes.
Can married parents sign an AOP?
Yes.
Do AOPs impact birth certificates?
When an AOP is received by the Office of Data, Research, and Vital Statistics, the parent will be added to the child’s Certificate of Live Birth.
Can parents rescind an AOP?
Either parent may rescind an AOP within 60 days from signing. Once this period has passed, a person challenging an AOP must establish a legal basis, such as fraud, under which to challenge an AOP.
Where can I find more information?
You can find more information about AOPs on the AOP form itself.
What is an AOP? Is this what VAPs are called in Maryland?
Yes. In Maryland, VAPs are called Acknowledgments of Parentage (AOP).
What does an AOP process entail?
Each parent must sign and date the form in the presence of a witness. The form must be witnessed or notarized. If completed in a hospital, the hospital staff may act as a witness. Each parent must sign the Affidavit in the presence of a notary if the form is completed outside the hospital. An incomplete Affidavit may prevent parentage from being established by means of the Affidavit. The parents may sign the Affidavit on different dates and need not have the same witness/notary. If there are questions about the process, a parent can call the Maryland Department of Health, Division of Vital Records at 410-764-3038.
When can parents sign an AOP?
Before a child is born, or any time after birth until the child reaches the age of 18. In the case of a child who is dependent on a parent because of a mental or physical infirmity, parents can sign an AOP at any time before the child’s 21st birthday. The AOP will not take effect until the child is born.
Can parents sign an AOP at the hospital right after a child’s birth?
Yes.
How long does it take to process an AOP?
An AOP goes into effect once it is signed or after the child is born, whichever occurs later.
Do I need an attorney?
No.
Who can sign an AOP?
An unmarried birthing parent may sign an AOP along with a genetic father or another parent who, along with the birthing parent, consented to the conception of the child by means of assisted reproduction with the shared intent to be the parents of the child. An AOP may not be completed if the birthing parent was married at the time of conception or birth of the child, or between conception and birth of the child.
Can married parents sign an AOP?
No.
Do AOPs impact birth certificates?
After a completed AOP is submitted, the name of the parent who did not give birth to the child will be placed on the child’s birth certificate.
Can parents rescind an AOP?
Either parent may rescind an AOP within 60 days from signing. Once this period has passed, a person challenging an AOP must establish a legal basis, such as fraud, under which to challenge an AOP.
Where can I find more information?
What does a VAP process entail?
Note: The Massachusetts Parentage Act, which was formally enacted in 2024, updated language surrounding VAPs. As such, details surrounding VAPs in Massachusetts are subject to change. Once we have a full understanding of these changes and their impacts on our families, Family Equality will update the information in this resource accordingly.
Both parents must sign the VAP form, which must be notarized. Parents can sign the VAP in the hospital after the child is born. A birth registrar at the hospital can help parents with this. There is no fee when a VAP is signed at the hospital. If parents don’t complete the VAP in the hospital, they can fill it out and bring it to the clerk’s office in the city or town where the child was born. Both parents’ signatures have to be notarized, which the clerk can do. The clerk may charge a fee for filing. Parents can also go to the Registry of Vital Records and Statistics (RVRS) to fill out a VAP. There is a fee for filing the form at the RVRS.
When can parents sign a VAP?
Any time after birth until the child reaches the age of 18.
Can parents sign a VAP at the hospital right after a child’s birth?
Yes.
How long does it take to process a VAP?
Parentage is established as of the date the VAP is completed by both parents and properly filed at the offices of the city or town clerk where the child was born or the State Registry of Vital Records and Statistics.
Do I need an attorney?
No.
Who can sign a VAP?
Parentage is established as of the date the VAP is completed by both parents and properly filed at the offices of the city or town clerk where the child was born or the State Registry of Vital Records and Statistics.
Can married parents sign a VAP?
No.
Do VAPs impact birth certificates?
Yes, the child’s birth certificate will be updated to include the acknowledging parent after the VAP is signed and filed.
Can parents rescind a VAP?
Parents can file to rescind a VAP within 60 days of filing or at a court hearing concerning the child, such as a custody or child support hearing, whichever occurs first. After 60 days, parents can challenge a VAP within one year only on limited grounds of fraud, duress, or material mistake of fact.
Where can I find more information?
You can find more information about VAPs in Massachusetts here.
What is an AOP? Is this what VAPs are called in Michigan?
Yes. In Michigan, VAPs are called Affidavits of Parentage (AOP).
What does the AOP process entail?
Both parents must sign the AOP form (MDHHS Form DCH-0682, Rev. 03/2025) in the presence of a notary public or a qualified witness. Qualified witnesses include hospital staff, birth center staff, Friend of the Court staff, prosecuting attorney staff, court staff, Michigan Department of Health and Human Services staff, county health agency staff, and certain other authorized individuals. The form is available at hospitals, birth centers, Friend of the Court offices, prosecuting attorney offices, courts, Michigan Department of Health and Human Services offices, county health agencies, county records departments, Head Start programs, local social services providers, county jails, and state prisons. If the AOP is completed at the hospital or birth center at the time of the child’s birth, staff will submit it to the Michigan Department of Health and Human Services (MDHHS), Division for Vital Records and Health Statistics, for filing. If the AOP is completed outside the hospital, parents must mail the original completed form (not a photocopy) to: MDHHS – Vital Records CPR, PO Box 30691, Lansing, MI 48909. An AOP may also be completed for a child born in another state.
When can parents sign an AOP?
The AOP may be completed at the time of the child’s birth or at any other time after the birth.
Can parents sign an AOP at the hospital right after a child’s birth?
Yes.
How long does it take to process an AOP?
The AOP establishes parentage when it is filed with the MDHHS Division for Vital Records and Health Statistics. Parents with questions about the status of a filed AOP may contact Vital Records Customer Service at 517-335-8666 or visit here.
Do I need an attorney?
No.
Who can sign an AOP?
Under the updated form (DCH-0682, Rev. 03/2025), three categories of parents may use the AOP:
(A) If the child was born out of wedlock and was not conceived by assisted reproduction or under a surrogacy agreement, the birth parent and a man who is the genetic father may sign.
(B) If the child was conceived by assisted reproduction not involving surrogacy, the birth parent and an intended parent — married or unmarried, regardless of gender — may sign. Both parents must affirm that the child was conceived by assisted reproduction and not involving surrogacy, and that the acknowledging parent is the only other possible genetic or intended parent.
(C) If the child was born to a married individual who gave birth to a child conceived by assisted reproduction, their spouse may sign as an acknowledged parent.
Can married parents sign an AOP?
Yes. Under the updated law, a spouse of the birth parent whose child was conceived by assisted reproduction may sign an AOP to establish parentage, regardless of gender or sexual orientation.
Can LGBTQ+ families using assisted reproductive technologies establish parentage through an AOP?
Yes.
Can LGBTQ+ families using surrogacy establish parentage through an AOP?
No. The AOP explicitly excludes children conceived under a surrogacy agreement. Families formed through surrogacy should consult an experienced family law attorney about the appropriate parentage pathway under Michigan’s Assisted Reproduction and Surrogacy Parentage Act (ARSPA), effective April 2, 2025.
Do AOPs impact birth certificates?
Yes. When the AOP is completed at the hospital or birth center, staff will add the acknowledging parent’s name to the child’s birth certificate. When the AOP is completed and filed outside the hospital, parents must separately submit an Application to Add a Parent on a Michigan Birth Record (Form DCH-0848) to update the birth certificate. There is no fee for filing the AOP with Vital Records, but there may be a fee for the birth certificate change. For current fee information and forms, call 517-335-8666 or visit here.
Can parents rescind an AOP?
Michigan’s process for challenging an AOP differs from most states. Rather than a simple administrative rescission form, a party seeking to revoke an AOP must file a court action under Michigan’s Revocation of Parentage Act (ROPA), MCL 722.1431–722.1445. An action for revocation must be filed within three years after the child’s birth or within one year after the AOP was signed, whichever is later. The court will require genetic testing and the challenging party must prove by clear and convincing evidence that the acknowledged parent is not the genetic parent of the child. Parents with questions about this process should consult an experienced family law attorney.
Where can I find more information?
Find more information about AOPs in Michigan here.
The updated Affidavit of Parentage form (DCH-0682, Rev. 03/2025) can be found on the MDHHS website. For questions about birth certificates, call 517-335-8666 or visit here.
What does a VAP process entail?
Parents can complete a VAP in person or may request one by mail. Parents who wish to complete a VAP in person may do so at the hospital, or with the NV Office of Vital Records (No. Nevada), Washoe County Health District (Washoe), or Southern Nevada Health District (Clark). Parents should each bring a valid photo ID, passport, or two forms of secondary ID. Parents may need to pay a witness fee per child. The child need not be present.
When can parents sign a VAP?
Under Nevada’s Parentage Act, a VAP may be signed any time before the child reaches age 21. Note that some Health Districts indicate that the child must be born in Nevada and be under the age of 18 years.
Can parents sign a VAP at the hospital right after a child’s birth?
Yes.
How long does it take to process a VAP?
A VAP goes into effect after the recission period has expired. The recission period is 60 days after the VAP is signed by both parents or before the date on which an administrative or judicial proceeding relating to the child begins, whichever occurs first.
Do I need an attorney?
No.
Who can sign a VAP?
In Nevada, birth parents, genetic parents, parents who consented to and conceived a child through assisted reproduction, and parents of a child born to a gestational carrier can sign a VAP.
Can married parents sign a VAP?
Yes, married or unmarried parents can sign a VAP.
Do VAPs impact birth certificates?
Yes, the acknowledging parent will be added to the birth certificate.
Can parents rescind a VAP?
Parents can file to rescind a VAP within 60 days of filing or at a court hearing concerning the child, such as a custody or child support hearing, whichever occurs first. After 60 days, parents can challenge a VAP only on limited grounds of fraud, duress, or material mistake of fact.
Where can I find more information?
You can find more information about Vital Records in Nevada here.
What is an AOP? Is this what VAPs are called in New York?
Yes. In New York, VAPs are called Acknowledgments of Parentage (AOP).
What does an AOP process entail?
Each parent must sign the AOP. The AOP must be signed by two witnesses, and the witnesses cannot be related to either parent. After the AOP is signed and witnessed, it is filed with the State Registrar or Deputy City Registrar, who examines and approves the AOP. If the AOP is signed at a hospital or social services district, the original AOP will be filed for the parents with the registrar of the district where the birth certificate is filed. If parents did not sign the AOP at a hospital or social services district, then they must mail or take the original AOP to the registrar of the district where the birth certificate is filed. For births that took place in NYC, mail or take the original AOP to the registrar at the NY Dept. of Health and Mental Hygiene, Office of Vital Records, Attn: Corrections Unit Room 144, 125 Worth Street CN-4, New York, NY 10013-4089. For births that took place outside NYC, mail or take the original AOP to the registrar of the district where the birth certificate is filed. The registrar will mail parents a certified copy of the AOP and will file a copy of the AOP with the Putative Father Registry. Family Equality urges parents to carry this certified copy with them when traveling. Note: If the name and address of a gamete donor of a child conceived through assisted reproduction is included on the AOP, the State Department of Health or the NY Dept. of Health and Mental Hygiene shall mail a copy to the known donor listed on the form with the Social Security numbers of the signatories redacted.
When can parents sign an AOP?
Immediately before birth or any time after birth until a child reaches age 18.
Can parents sign an AOP at the hospital right after a child’s birth?
Yes.
How long does it take to process an AOP?
An AOP has full force and effect once it is signed.
Do I need an attorney?
No.
Who can sign an AOP?
If unmarried, alleged genetic parents and intended parents may sign an AOP. Married parents can sign an AOP if they are the intended parents of the child and if their child was conceived through assisted reproduction. An intended parent is an individual who intends to be legally bound as the parent of a child resulting from assisted reproduction.
Can married parents sign an AOP?
Yes, if they are the intended parents of the child and if their child was conceived through assisted reproduction. An intended parent is an individual who intends to be legally bound as the parent of a child resulting from assisted reproduction.
Do AOPs impact birth certificates?
Yes. If the AOP was not signed at the time of birth, then a new birth certificate will be issued with the name of each parent included. If parents changed the child’s last name when completing the AOP, it will be changed on the new birth certificate.
Can parents rescind an AOP?
Yes. If the parent is 18 years or older when signing the AOP, then the parent can rescind within 60 days of signing or on the date on which an answer to a petition is required in a proceeding relating to the child an in which such parent is a party, whichever is earlier. If the parent is under 18 years old when the AOP is signed, then the parent can rescind within 60 days of that parent’s 18th birthday or within 60 days after the date on which an answer to a petition is required in a proceeding relating to the child an in which such parent is a party, provided the parent was advised at any such proceeding of the right to file a petition to vacate, whichever is earlier. After the time limits have expired, either parent may only challenge the AOP, in court, if it was signed based on fraud, duress, or material mistake of fact. The burden of proof is on the party wishing to withdraw the AOP.
Where can I find more information?
What law created/expanded the VAP process for LGBTQ+ parents in Oregon?
Oregon enacted Senate Bill 163 in 2025 (2025 Oregon Laws chapter 592), a broad update to how parentage is established. Most of the law took effect September 26, 2025. However, the specific change that expands the Voluntary Acknowledgment of Parentage (VAP) to include intended parents and other non-genetic parents — the update to ORS 109.070 — does not take effect until January 1, 2027.
This means that, for now and throughout 2026, Oregon’s currently operative VAP form is still the older version, which is designed for a birth parent and a person who is or claims to be the child’s biological parent. The expanded, LGBTQ+-inclusive VAP becomes available January 1, 2027.
When the expansion takes effect, the law will also update Oregon’s broader parentage rules — including assisted reproduction, surrogacy, and a new donor registry that lets donor-conceived people access donor information at age 18.
What does a VAP process entail?
A VAP is a form filed with the Oregon Center for Health Statistics (the state vital records office) that establishes a legal parent-child relationship without going to court. Once the 2027 expansion is in effect, the form may be signed by the parent who gave (or will give) birth together with the child’s alleged genetic parent, a presumed parent, or — if the child was conceived through assisted reproduction other than surrogacy — an intended parent. Federal rules require either a notary or a witness at signing.
Because the expanded VAP does not take effect until January 1, 2027, parents should contact the Oregon Center for Health Statistics or the Oregon Division of Child Support for the current form and filing instructions, and to confirm what is available at the time they need it.
When can parents sign a VAP?
A VAP may be signed before or after the child is born, but it is not effective until it is filed with the Center for Health Statistics. It can be completed any time before the child turns 18.
Can parents sign a VAP at the hospital right after a child’s birth?
Yes. As under all state VAP programs, the form can be completed at the hospital around the time of birth, or later through the state vital records office.
How long does it take to process a VAP?
A VAP establishes parentage once it is properly signed and filed with the Center for Health Statistics, which then reflects the parent on the child’s birth record.
Do I need an attorney?
No.
Who can sign a VAP?
Under the version effective January 1, 2027, one signer must be the parent who gave (or will give) birth, and the other must be one of the following: the child’s alleged genetic parent, a presumed parent, or an intended parent of a child conceived through assisted reproduction (other than surrogacy). Oregon does not bar a minor from signing; regardless of age, a birth parent, presumed parent, or alleged genetic parent may acknowledge or deny parentage.
Until January 1, 2027, the older form applies, which is limited to a birth parent and the child’s biological parent.
Can married parents sign a VAP?
Yes, married couples and couples in a civil union can sign a VAP. In most cases, though, they don’t need to: when parents are married, the law already presumes both spouses are the child’s parents, and both names go on the birth certificate without a VAP. A VAP becomes useful when there’s a question about who the legal parent is.
Can LGBTQ+ families using assisted reproductive technologies establish parentage through VAPs?
Yes — once the expansion takes effect January 1, 2027. The updated law expressly allows an intended parent of a child conceived through assisted reproduction (other than surrogacy) to establish parentage by VAP.
Before January 1, 2027, families using assisted reproduction should confirm their options with the Center for Health Statistics or a family law attorney, because the older form may not cover them.
Can LGBTQ+ families using surrogacy establish parentage through a VAP?
No. Surrogacy is expressly excluded from the VAP pathway and is governed by Oregon’s separate surrogacy provisions. Families formed through surrogacy should consult an experienced family law attorney about the right parentage pathway.
Do VAPs impact birth certificates?
Yes. When a VAP is completed and filed with the Center for Health Statistics, the acknowledged parent is reflected on the child’s birth record.
Can parents rescind a VAP?
Yes, within a limited window. A signer may rescind the VAP by filing a written rescission with the Center for Health Statistics before the earlier of: 60 days after filing the acknowledgment, or the date of a proceeding relating to the child (such as a child support proceeding) in which that signer is a party. After that window, the VAP may be challenged in circuit court only on the basis of fraud, duress, or material mistake of fact.
Where can I find more information?
You can find more information about VAPS in Oregon here.
Contact the Oregon Center for Health Statistics (the state vital records office) or the Oregon Division of Child Support for current forms and instructions.
What does a VAP process entail?
VAP forms are available at the hospital immediately after the birth of a child or at the Center for Vital Records (CVR) after the parents and child leave the hospital. By law, the form must be witnessed and signed by at least one other individual. According to the Rhode Island Department of Human Services, parents must complete the form with a representative from the hospital or CVR. Completed VAPs shall be filed with the state registrar for vital records.
When can parents sign a VAP?
A VAP may be signed before or after the birth of a child. It takes effect on the date of the birth of the child or the filing of the document with the department of vital records, whichever occurs later.
Can parents sign a VAP at the hospital right after a child’s birth?
Yes.
How long does it take to process a VAP?
A VAP takes effect on the date of the birth of the child or the filing of the document with the department of vital records, whichever occurs later.
Do I need an attorney?
No.
Who can sign a VAP?
A VAP may be signed by: (1) an individual who gave birth to the child; (2) an individual who is the alleged genetic parent of the child; (3) an individual who is an intended parent of the child; and (4) a presumed parent. One of the signatories to the VAP must be the individual who gave birth. An intended parent is one who consents to assisted reproduction by another individual with the intent to be a parent of a child conceived by assisted reproduction. The consent must be in a record signed by the individual giving birth to the child conceived by assisted reproduction and by the individual who intends to be a parent of the child. If there is no signed consent, then a court must determine parentage.
Can married parents sign a VAP?
Yes, married and unmarried parents can sign a VAP.
Do VAPs impact birth certificates?
Yes. The acknowledging parent will be added to the birth certificate.
Can parents rescind a VAP?
Parents can file to rescind a VAP within 60 days of filing or at a court hearing concerning the child, such as a custody or child support hearing, whichever occurs first. After 60 days, parents can challenge a VAP within two years the VAP became effective and only on limited grounds of fraud, duress, or material mistake of fact.
Where can I find more information?
You can find more information about VAPs in Rhode Island here.
What does a VAP process entail?
The VAP must be signed by both parents and by a witness. Parents must file their VAP with the Department of Health, Vital Records Office at 108 Cherry Street, PO Box 70, Burlington, VT 05402-0070. If a VAP is not filed, it is not effective. A VAP takes effect on the date of the birth of the child or the filing of the document with the Department of Health, whichever occurs later.
When can parents sign a VAP?
Before or after the birth of a child.
Can parents sign a VAP at the hospital right after a child’s birth?
Yes.
How long does it take to process a VAP?
A VAP takes effect on the date of the birth of the child or the filing of the document with the Department of Health, whichever occurs later.
Do I need an attorney?
No.
Who can sign a VAP?
A VAP may be signed by (1) a person who gave birth to the child; (2) a person who is the alleged genetic parent of the child; (3) a person who is an intended parent; and (4) a presumed parent. An intended parent is a person, whether married or unmarried, who manifests an intend to be legally bound as a parent of a child resulting from assisted reproduction or a gestational carrier agreement. A presumed parent includes married parents, parents who are no longer married but whose child was born less than 300 days from the termination of the marriage, or parents who have resided in the same household with the child for 2 years, including temporary absences, and who held out the child as their own.
Can married parents sign a VAP?
Yes.
Do VAPs impact birth certificates?
If parents file the VAP with the Department of Health within six months of the child’s birth, their names will be added to the birth certificate. After six months, parents can only get on the birth certificate by order of the probate division.
Can parents rescind a VAP?
Parents can file to rescind a VAP within 60 days of filing or at a court hearing concerning the child, such as a custody or child support hearing, whichever occurs first. After 60 days, parents can challenge a VAP within two years the VAP became effective and only on limited grounds of fraud, duress, or material mistake of fact.
Where can I find more information?
What is an AOP? Is this what VAPs are called in Washington?
Yes. In Washington, VAPs are called Acknowledgments of Parentage (AOP).
What does an AOP process entail?
Each parent must sign the AOP. The AOP must be either notarized or witnessed by a third party, not both, to be filed with the Department of Health, Center for Health Statistics. For the purposes of an AOP, “witnessed” means at least one individual who is authorized to sign has signed a record to verify that the individual personally observed a signatory sign the record. A person signing the witnessed statement must be at least 18 years old and not related by blood or marriage to the individuals who signed the AOP. Submit the completed AOP with a non-refundable $18 check or money order payable to DOH. No payment is required when parents return the AOP to the hospital within 5 days of birth. The hospital must submit the AOP within 10 days to the Department of Health.
When can parents sign an AOP?
Parents can sign an AOP before or after birth.
Can parents sign an AOP at the hospital right after a child’s birth?
Yes.
How long does it take to process an AOP?
AOPs go into effect when the child is born or when the AOP is filed with the state registrar of vital statistics, whichever occurs later. AOPs may take three to four months to process. If a request has not been processed after four months, parents can call 360-236-4300.
Do I need an attorney?
No.
Who can sign an AOP?
An AOP must be signed by the birth parent and the second parent, who must either be the genetic parent of the child, the birth parent’s spouse anytime during the pregnancy, a person who married the birth parent after the child was born, a person who lived in the same household with the child for the first four years of their life and consider the child as their own, or a person who conceived the child with the birth parent through assisted reproduction.
Can married parents sign an AOP?
Yes.
Do AOPs impact birth certificates?
Once the AOP is signed and filed with the Department of Health, Center for Health Statistics, the parent’s name will be added to the child’s birth record.
Can parents rescind an AOP?
Parents can file to rescind a VAP within 60 days of filing or at a court hearing concerning the child, such as a custody or child support hearing, whichever occurs first. After 60 days, parents can challenge a VAP within four years the VAP became effective and only on limited grounds of fraud, duress, or material mistake of fact.
Where can I find more information?
You can find more information about AOPs in Washington here.
This information was prepared and distributed by Family Equality.
[email protected] | www.familyequality.org
Family Equality exists to create a world where everyone can experience the unconditional love, safety, and belonging of family. Our mission is to ensure that everyone has the freedom to find, form, and sustain their families by advancing equality for the lesbian, gay, bisexual, transgender, and queer (LGBTQ+) community.
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