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Understanding Paternity in Pennsylvania: Rights, Testing, and Court Procedures
Paternity establishes the father’s rights as a parent in Pennsylvania. When a child is born to married parents in the state, both the mother’s and the father’s rights are established. When a child is born to unmarried parents, however, the mother’s rights are automatic, but the father must establish paternity, which is important for everyone involved. Discuss your concerns with our experienced Pennsylvania paternity attorneys at McMorrow Law, LLC, today.
When Parents Aren’t Married in Pennsylvania
When a couple that isn’t married has a child in Pennsylvania, establishing paternity is paramount. Until this happens, the father has no legal standing regarding physical or legal custody, and the child’s right to support, benefits, and inheritance from their father can’t be enforced. Paternity can be established voluntarily or through the court, but whatever method is implemented, all the involved parties benefit.
Acknowledgment of Paternity
The most straightforward method of establishing paternity in the State of Pennsylvania is through an Acknowledgment of Paternity (AOP). When both parents agree, the AOP can be signed in the hospital after the child’s birth, and once registered with the Pennsylvania Department of Health, the matter is officially resolved.
An AOP can also be signed willingly by both parents at a later date and filed with the appropriate birth registration office. Either parent has 60 days from the date of signing to rescind the AOP without needing to show cause. After the 60-day period has passed, the AOP can be challenged only in court, and the parent seeking to rescind it must establish legal grounds, such as fraud, duress, or a material mistake of fact.
When Paternity Is Established through the Court
When either party disputes paternity or wants to establish it following the period of acknowledgment, one of the following parties must implement a paternity action:
- The mother
- The purported father
- The child
- The Pennsylvania Department of Human Services (when requesting support for the child through the state)
When the court becomes involved, it often leads to DNA testing, which can unequivocally establish paternity. With DNA testing, the child’s paternity is either established or disproved.
Appreciating the Importance of Establishing Paternity
Establishing paternity can be important to the mother, the father, and the child. To begin, the child can rely on the father’s financial support and related benefits, such as insurance coverage, which is in addition to forging a meaningful father-child relationship.
For her part, the mother can count on additional financial support and on the benefits of co-parenting, which translate to shared responsibility. Finally, the father is allowed to forge a meaningful relationship with their child, which is nearly universally considered advantageous.
Our Experienced Pennsylvania Paternity Lawyers Are on Your Side
Our knowledgeable Pennsylvania paternity attorneys at McMorrow Law, LLC, have a solid track record of successfully resolving paternity cases in support of our valued clients’ rights. We are on your side and here to help, so please don’t delay contacting us online or giving our firm a call at 412-407-2816 for more information about everything we can do to help you today.