How do I establish paternity in Indiana?
Indiana paternity law is in Ind. Code Title 31, Article 14 (Family Law: Paternity), with the affidavit provision in Title 16 (Health).
1. Paternity Affidavit
State Form 44780 (Paternity Affidavit) is signed by both parents at the hospital within 72 hours of birth or any time before the child's emancipation at a local health department. Under Ind. Code § 16-37-2-2.1(p) a properly executed affidavit "conclusively establishes the man as the legal father of a child" once filed. Either party may rescind within 60 days by filing in court (§ 16-37-2-2.1(l)) and may set the affidavit aside thereafter only on a showing of fraud, duress, or material mistake of fact, brought within 2 years (§ 16-37-2-2.1(i)).
2. Court-Ordered Paternity
A paternity action under Ind. Code § 31-14-4 may be filed by the mother, alleged father, child (through next friend), prosecuting attorney, or DCS in the juvenile court or domestic-relations division. Under Ind. Code § 31-14-6 and 42 U.S.C. § 666(a)(5)(B) the court orders genetic testing on motion of any party; a 99% probability creates a presumption (§ 31-14-7-1(3)).
3. Presumption of Paternity
Under Ind. Code § 31-14-7-1 a man is presumed the father if married to the mother at the time of birth or within 300 days before, married subsequently with both signing the birth certificate, or the genetic test shows 99% probability. A presumption may be rebutted in a direct paternity action by genetic testing or other clear evidence.
4. Effects of Establishing Paternity
Triggers child-support liability under Ind. Code § 31-16-6 and the Indiana Child Support Guidelines, opens custody and parenting time under § 31-14-13, vests intestate inheritance under Ind. Code § 29-1-2-7, and supports a birth-certificate amendment via the Indiana State Department of Health.
5. Special Situations
Same-sex spouses are presumed parents post-Obergefell and Henderson v. Box, 947 F.3d 482 (7th Cir. 2020). Donor non-parentage is generally recognized. Indiana has no comprehensive surrogacy statute, but Indiana courts grant parentage orders in gestational-surrogacy cases.
This is legal information, not legal advice.
- Setting aside a paternity affidavit after the 2-year fraud window of § 16-37-2-2.1(i)
- Same-sex spousal birth-certificate dispute citing *Henderson v. Box*
- Establishing parentage through gestational surrogacy without a statutory framework
- Ind. Code § 16-37-2-2.1
- Ind. Code § 31-14-4
- Ind. Code § 31-14-6
- Ind. Code § 31-14-7
- Ind. Code § 31-14-13
- 42 U.S.C. § 666(a)(5)(B)
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.