How do I establish paternity in Missouri?
Missouri adopted the Uniform Parentage Act in RSMo Ch. 210.817-852.
1. Affidavit Acknowledging Paternity
Form FSD-IM-115 / DHSS Affidavit Acknowledging Paternity is signed by both parents at the hospital or later through the Family Support Division (FSD) or Bureau of Vital Records. Under RSMo § 210.823.1 a properly executed affidavit "shall be considered a legal finding of paternity." Either signatory may rescind within the earlier of 60 days or the date of an administrative or judicial proceeding (§ 210.823.4(1)). After that period, challenges are limited to fraud, duress, or material mistake of fact (§ 210.823.4(2)).
2. Court-Ordered Paternity
A parentage action under RSMo § 210.826 may be filed by the child, mother, alleged father, FSD, or a representative of a deceased putative father in the circuit court. Under RSMo § 210.834 and 42 U.S.C. § 666(a)(5)(B) the court orders genetic testing on motion of any party; a 98% probability creates a rebuttable presumption (§ 210.834.1(2)).
3. Presumption of Paternity
Under RSMo § 210.822 a man is presumed the father if married to the mother at birth or within 300 days before, married after birth and acknowledged parentage in writing, received the child into his home and openly held the child out as his natural child, or acknowledged paternity in a writing filed with the bureau. The presumption may be rebutted only by clear and convincing evidence (§ 210.822.2).
4. Effects of Establishing Paternity
Triggers child-support liability under RSMo § 452.340 and Form 14 guidelines, opens custody and visitation under § 452.375, vests intestate inheritance under § 474.060, and supports a birth-certificate amendment via DHSS Bureau of Vital Records.
5. Special Situations
Same-sex spouses are presumed parents post-Obergefell. Donor non-parentage is recognized under RSMo § 210.824. Missouri lacks a surrogacy statute; courts grant parentage orders case-by-case. Posthumous paternity is recognized.
This is legal information, not legal advice.
- Holding-out presumption dispute under RSMo § 210.822.1(4)
- Affidavit challenge based on fraud after the 60-day rescission window
- Gestational surrogacy parentage order absent a Missouri statute
- RSMo § 210.822
- RSMo § 210.823
- RSMo § 210.826
- RSMo § 210.834
- RSMo § 193.215
- 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.