Paternity is automatically presumed if the parents are married to each other at the time of the child’s birth. In the case of unmarried parents, paternity may be established at the birth of the child, or any time thereafter, by both mother and father signing a “voluntary acknowledgement of paternity.” Only once paternity is established can a father’s name be placed on the child’s birth certificate.
How Paternity is Established
If the father signs a voluntary acknowledgement of paternity but the mother refuses, the Department of Human Services registers it as a paternity claim, meaning the father will be notified of any adoption proceedings for the child.
If the mother refuses to acknowledge paternity and the father seeks other rights to the child, such as custody or visitation, the father must go through the courts to have paternity “involuntarily” established, usually by filing a “petition to determine paternity.” Once a petition to determine paternity has been filed, the court will order DNA testing and, if appropriate, enter a paternity order.
If a mother files for child support against a father who refuses to acknowledge paternity, then the court can order both parties to appear for genetic testing. A court can find that the alleged father is the child’s biological father to a 99.9 percent certainty. DNA testing is not invasive and usually involves collecting a saliva sample via a mouth swab.
Establishing paternity means much more to a child than merely having a father named on his or her birth certificate. For example, both the father and the child will be entitled to inheritance rights if one of them passes away before the other. Establishing paternity also enables the child to benefit from the father’s medical insurance benefits, life insurance benefits, and Social Security and veterans’ benefits.
Learn More About How We Can Help
For a consultation on a paternity matter, contact our Pittsburgh family law attorneys at McMorrow Law, LLC, at 724-940-0100.