Idaho Code
Idaho Code

Idaho Code § 7-1106 (2026)

Acknowledgment of paternity. 

✓ current as of May 2026
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Acknowledgment of paternity. 

(1) A voluntary acknowledgment of paternity for an Idaho birth shall be admissible as evidence of paternity and shall constitute a legal finding of paternity upon the filing of a signed and notarized acknowledgment with the vital statistics unit of the department of health and welfare. If the mother was married at the time of either conception or birth, or between conception and birth, and the husband is not the father of the child, the husband may file an executed and notarized affidavit of nonpaternity if it is accompanied by a voluntary acknowledgment of paternity signed and notarized by the mother and the alleged father. Any party executing an acknowledgment of paternity or affidavit of nonpaternity may file a notarized rescission of such with the vital statistics unit within the earlier of:

(a)  Sixty (60) days after the acknowledgment is filed; or
(b)  The date of an administrative or judicial proceeding relating to the child, including a proceeding to establish a support order, in which the signatory is a party.
Such rescission shall be effective upon filing with the vital statistics unit. The vital statistics unit shall notify the other party or parties of the rescission by certified mail.
(2)  After the period for rescission, an executed acknowledgment of paternity may be challenged only in court on the basis of fraud, duress, or material mistake of fact, with the burden of proof upon the party challenging the acknowledgment. The legal responsibilities, including the obligation to pay child support, of any party to the acknowledgment shall not be stayed except for good cause shown.
(3)  The court may enter an order for the support of a child upon execution of a voluntary acknowledgment without further proceedings to establish paternity.
(4)  The director shall prescribe forms for acknowledgment of paternity, affidavits of nonpaternity, and rescission thereof, and the board of health and welfare may promulgate such rules as are necessary to prescribe forms and establish fees to recover costs of maintaining such system.
Notes of Decisions
Cited in 12 cases (4 in the last 5 years), 1991–2025 · leading case: Roger Carl Gordon v. Shannon Lee Hedrick, 364 P.3d 951 (Idaho 2015).
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Roger Carl Gordon v. Shannon Lee Hedrick, 364 P.3d 951 (Idaho 2015). · cites it 42× “The district court interpreted the words “material mistake of fact” in Idaho Code section 7-1106 to mean a “mutual mistake of fact,” basing its interpretation on contract principles.”
Hamberlin v. Bradford, 454 P.3d 589 (Idaho 2019). · cites it 22× “I.C. § 7-1106(1). However, once the sixty-day window closes, a party may only challenge a VAP by establishing fraud, duress, or material mistake of fact.”
Roe Fam. Servs. v. Doe, 88 P.3d 749 (Idaho 2004). · cites it 6× “” Looking to I.C. § 7-1106 (entitled Acknowledgment of Paternity), voluntary acknowl-edgement of paternity is admissible as evidence of paternity and “shall constitute a legal finding of paternity upon the filing of a signed and notarized acknowledgment with the vital statistics…”
F.V. v. Barron, 286 F. Supp. 3d 1131 (D. Idaho 2018). · cites it 2× “If the child's birth certificate lists a different person as the father, a court order is required to change the father's name. IDAPA 16.”
Doe v. Roe, 127 P.3d 105 (Idaho 2005). · cites it 2× “§ 16-2002 provided that for an unmarried biological father to be considered a “parent,” he must meet one of the following three criteria: (1) his “paternity is established by court decree,” (2) he “has filed a voluntary acknowledgment of paternity with the vital statistics unit…”
Idaho Dep't of Health & Welfare v. Doe, 244 P.3d 232 (Idaho 2010). · cites it 2× “Consent to an adoption is also required from an “unmarried biological father who has filed a voluntary acknowledgement of paternity with the vital statistics unit of the department of health and welfare pursuant to section 7-1106, Idaho Code.” I.C. § 16-1504(l)(i).”
Johnson v. Studley-Preston, 812 P.2d 1216 (Idaho 1991). · cites it 2× “I.C. § 7-1106 provides that a voluntary acknowledgement of paternity, executed by both parents, may be filed in lieu of contested paternity proceedings.”
Gatsby v. Gatsby, 495 P.3d 996 (Idaho 2021). · cites it 4× “Linsay did not sign or properly file a voluntary acknowledgment of paternity affidavit pursuant to Idaho Code § 7-1106 . Had Linsay done so, she would have been declared a legal parent.”
Bartosh v. Campbell, 565 P.3d 282 (Idaho Ct. App. 2025). · cites it 14× “Filing a VAP is one way to establish paternity in Idaho, but it is not the only way and does not preclude another individual from establishing paternity.”
In the Matter of Termination of Parental Rights (father) (Idaho 2010). · cites it 2× “4 Consent to an adoption is also required from an “unmarried biological father who has filed a voluntary acknowledgement of paternity with the vital statistics unit of the department of health and welfare pursuant to section 7-1106, Idaho Code.” I.C. § 16-1504(1)(i).”
Gatsby v. Gatsby, 495 P.3d 996 (Idaho 2021). · cites it 4× “Linsay did not sign or properly file a voluntary acknowledgment of paternity affidavit pursuant to Idaho Code § 7-1106 . Had Linsay done so, she would have been declared a legal parent.”
Jane Doe I & John Doe I v. John Doe (Idaho 2022). “Father asserts that seven statutes—Idaho Code sections 7-1106, 7-1111, 16-1501A, 16- 1504, 16-1505, 16-1513, and 39-255—are all unconstitutional on equal protection grounds 4 because they allow unwed mothers to make certain decisions regarding their babies immediately upon…”
— Idaho Code § 7-1106(1) — 5 cases
Roger Carl Gordon v. Shannon Lee Hedrick, 364 P.3d 951 (Idaho 2015). “The district court interpreted the words “material mistake of fact” in Idaho Code section 7-1106 to mean a “mutual mistake of fact,” basing its interpretation on contract principles.”
Hamberlin v. Bradford, 454 P.3d 589 (Idaho 2019). “I.C. § 7-1106(1). However, once the sixty-day window closes, a party may only challenge a VAP by establishing fraud, duress, or material mistake of fact.”
Gatsby v. Gatsby, 495 P.3d 996 (Idaho 2021). “Linsay did not sign or properly file a voluntary acknowledgment of paternity affidavit pursuant to Idaho Code § 7-1106 . Had Linsay done so, she would have been declared a legal parent.”
Bartosh v. Campbell, 565 P.3d 282 (Idaho Ct. App. 2025). “Filing a VAP is one way to establish paternity in Idaho, but it is not the only way and does not preclude another individual from establishing paternity.”
Gatsby v. Gatsby, 495 P.3d 996 (Idaho 2021). “Linsay did not sign or properly file a voluntary acknowledgment of paternity affidavit pursuant to Idaho Code § 7-1106 . Had Linsay done so, she would have been declared a legal parent.”
— Idaho Code § 7-1106(2) — 3 cases
Roger Carl Gordon v. Shannon Lee Hedrick, 364 P.3d 951 (Idaho 2015). “The district court interpreted the words “material mistake of fact” in Idaho Code section 7-1106 to mean a “mutual mistake of fact,” basing its interpretation on contract principles.”
Hamberlin v. Bradford, 454 P.3d 589 (Idaho 2019). “I.C. § 7-1106(1). However, once the sixty-day window closes, a party may only challenge a VAP by establishing fraud, duress, or material mistake of fact.”
Bartosh v. Campbell, 565 P.3d 282 (Idaho Ct. App. 2025). “Filing a VAP is one way to establish paternity in Idaho, but it is not the only way and does not preclude another individual from establishing paternity.”
— Idaho Code § 7-1106(3) — 1 case
Bartosh v. Campbell, 565 P.3d 282 (Idaho Ct. App. 2025). “Filing a VAP is one way to establish paternity in Idaho, but it is not the only way and does not preclude another individual from establishing paternity.”
— Idaho Code § 7-1106(4) — 1 case
Bartosh v. Campbell, 565 P.3d 282 (Idaho Ct. App. 2025). “Filing a VAP is one way to establish paternity in Idaho, but it is not the only way and does not preclude another individual from establishing paternity.”
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