(e) If the mother was married at the time of either conception or birth, or between
conception and birth, the name of the husband shall be entered on the certificate as the father of
the child, except as provided in this subsection. The surname of the child shall be the same as
that of the husband, except that upon agreement of the husband and mother, or upon agreement
of the mother and father if paternity has been otherwise determined, any surname may be
chosen. The name of the putative father shall be entered on the certificate as the father of the
child if one of the following conditions exists:
(1) Paternity has been otherwise determined by a court of competent
jurisdiction, in which case the name of the father as determined by the court
shall be entered.
(2) The child’s mother, mother’s husband, and putative father complete an
affidavit acknowledging paternity that contains all of the following:
a. A sworn statement by the mother consenting to the assertion of
paternity by the putative father and declaring that the putative father
is the child’s natural father.
b. A sworn statement by the putative father declaring that he believes
he is the natural father of the child.
c. A sworn statement by the mother’s husband consenting to the
assertion of paternity by the putative father.
d. Information explaining in plain language the effect of signing the
affidavit, including a statement of parental rights and responsibilities
and an acknowledgment of the receipt of this information.
e. The social security numbers of the putative father, mother, and
f. The results of a DNA test that has confirmed the paternity of the