How do I establish paternity in Pennsylvania?
Pennsylvania paternity law is found in the Domestic Relations Code, Title 23 Pa.C.S.
1. Acknowledgment of Paternity (AOP)
Form DPW-OCSE-1620 is signed by both parents at the birthing hospital or any later time and filed with the Department of Human Services. Under 23 Pa.C.S. § 5103(d) the AOP "shall constitute conclusive evidence of paternity" once 60 days have passed. Either signatory may rescind within 60 days; after that, challenges are limited to fraud, duress, or material mistake of fact and must be raised promptly (§ 5103(g)).
2. Court-Ordered Paternity
A paternity action under 23 Pa.C.S. § 4343 may be filed by the mother, alleged father, child, or the Department of Human Services in the Court of Common Pleas (Family Division). Pa. R.C.P. 1910.15 governs the procedure. The court orders genetic testing on motion of any party under 23 Pa.C.S. § 4343(c) and 42 U.S.C. § 666(a)(5)(B); a 99% probability raises a rebuttable presumption (§ 4343(c)(2)).
3. Presumption of Paternity
The common-law presumption that a child born to an intact marriage is the husband's child remains in force but is narrowly applied per Brinkley v. King, 549 Pa. 241 (1997) — it only applies where the marriage is intact and the parties wish to maintain that family unit. Outside that scenario, paternity by estoppel may bar a biological challenge if a man has held the child out as his own (K.E.M. v. P.C.S., 38 A.3d 798 (Pa. 2012)).
4. Effects of Establishing Paternity
Triggers child support under 23 Pa.C.S. Ch. 43 and Pa. R.C.P. 1910.16-1 guidelines, opens custody jurisdiction under 23 Pa.C.S. § 5321, vests intestate inheritance under 20 Pa.C.S. § 2107, and supports a birth-certificate amendment through Pennsylvania Vital Records.
5. Special Situations
Same-sex parentage is recognized after Obergefell; Pennsylvania has no statutory surrogacy framework but courts routinely issue parentage orders. Sperm donors who use a licensed physician and written agreement are generally not parents. Paternity by estoppel is uniquely strong in Pennsylvania.
This is legal information, not legal advice.
- Paternity by estoppel defense under *K.E.M. v. P.C.S.* barring a biological challenge
- Marital presumption case where the husband and mother both contest a third-party claim
- Surrogacy or assisted-reproduction parentage order in a Pennsylvania county
- 23 Pa.C.S. § 5103
- 23 Pa.C.S. § 4343
- 23 Pa.C.S. § 5321
- 20 Pa.C.S. § 2107
- Pa. R.C.P. 1910.15
- 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.