How Does Paternity Work?

Question

Accepted Answer

Paternity is the legal determination of a child's father. Establishing paternity gives the child and father legal rights and responsibilities.

Why paternity matters:

Establishes the father's right to custody and visitation.

Creates a child support obligation.

Gives the child access to the father's medical history, health insurance, Social Security benefits, inheritance rights, and veterans' benefits.

Voluntary acknowledgment: When unmarried parents agree on paternity, they can sign a Voluntary Acknowledgment of Paternity (VAP) at the hospital after birth or later through the vital records office. This has the same legal effect as a court order.

Court-ordered paternity: If paternity is disputed, either parent (or the state) can file a paternity action in court.

The court may order DNA testing, which is more than 99% accurate.

If testing confirms paternity, the court issues a paternity order.

The court can then address custody, visitation, and child support.

Presumption of paternity: A man is presumed to be the father if he was married to the mother when the child was born, he and the mother attempted to marry, or he openly held the child out as his own.

Disestablishment: In some states, a man found not to be the biological father can petition to disestablish paternity, but time limits and conditions apply.

Marital presumption. In most states, a child born during a marriage is presumed to be the husband's child. Overcoming this presumption requires clear evidence.

This is legal information, not legal advice.