Legal paternity gives a father rights and responsibilities such as custody, visitation and child support, and gives the child rights to inheritance and benefits.
Ways to establish it
- Marriage: a child born to married parents is generally presumed to be the husband's child.
- Voluntary acknowledgment of paternity, signed by both parents, often at the hospital.
- A court order after genetic testing or other evidence.
- Administrative orders through the state child support agency.
Why it matters
- Custody and parenting time rights.
- Child support obligations.
- Health insurance and medical history.
- Social Security, veterans and inheritance rights.
- Legal parent status on the birth certificate.
Genetic testing
Courts can order DNA testing, which is highly accurate. Results are often decisive. Costs vary, and agencies may offer testing at low or no cost. Be careful with at-home kits for legal purposes, since court-ordered or accredited testing is usually required.
Steps to take
- Ask the hospital or vital records office about a voluntary acknowledgment.
- Contact the child support agency or file a petition in family court.
- Attend all hearings and testing appointments.
- Ask about deadlines to rescind an acknowledgment, which can be short.
- Consult a family law attorney or legal aid.
Frequently asked questions
Can a father be forced to take a test?
Courts can order testing in a paternity case.
Can I undo an acknowledgment?
Only within a short period or in limited circumstances such as fraud.