Rhode Island Department of Health - Vital Records · Rhode Island state form

VS 138A Affidavit of Paternity for Legitimation

VS 138A lets parents declare parentage, marriage, and requested name changes for a child’s legitimation and provide information for a new birth certificate.

What this form is
The Affidavit of Paternity for Legitimation asks the parents to declare that they are the child’s natural parents and were duly married. It collects details about the child, parents, marriage, and father, and records the requested full name of the child by legitimation. Both parents sign under oath. The form also requests a long-form certified copy of the marriage record and, in a specified circumstance, VS 138B.
Who needs it
Parents completing a paternity-for-legitimation affidavit for a child and requesting a new birth certificate through Vital Records.
Why it needs a notary
Both parents sign under oath before a notary. This can be done online with a commissioned online notary.
How to submit it
Submit the completed affidavit to the Division of Vital Records at the address printed on the form. Attach a long-form certified copy of the marriage record; the form also requests VS 138B in a specified circumstance.

Questions

What is the VS 138A Affidavit of Paternity for Legitimation?

It is a Rhode Island Division of Vital Records affidavit in which parents declare that they are the child’s natural parents and were duly married. It also collects information to assist in completing a new birth certificate.

Does the VS 138A affidavit need to be notarized?

Yes. The form says the parents’ statements are subscribed and sworn before a notary and provides spaces for the notary’s signature and commission expiration. Notarization can be done online with a commissioned online notary.

What documents should be attached to the affidavit?

The form says to attach a long-form certified copy of the marriage record. It also says to attach affidavit VS 138B if the marriage took place outside Rhode Island and the state of marriage cannot provide the bride’s number of marriage.