Legal Steps for Establishing Paternity

On behalf of The Law Office of Wickersham and Bowers posted in Family Law on Thursday July 18th, 2024.

Generally, paternity is the official recognition of a father-child relationship. Once recognized as a father, a person becomes eligible for custody and visitation rights and can legally make decisions for the child. In other words, they assume the obligation to contribute to the child’s upbringing.

Steps to Establishing Paternity

While the specific procedures are different from state to state, here are the common steps to establishing paternity rights in the U.S.

Signing the Birth Certificate

The easiest and most cost-effective way to get recognized as a father is to sign the child’s birth certificate. Birth certificates are legally valid documents, and the father listed on a birth certificate is typically conferred with paternal rights unless proven otherwise. In some states, signing the birth certificate is a simple and straightforward process, while some states require the parents to sign an Acknowledgement of Paternity (AoP) if they’re unmarried.

Taking a DNA Test

If there are doubts as to who the real father of a child is, the alleged fathers can proceed to perform DNA testing, either before or after the child is born. DNA tests are usually 99.9 percent accurate and can be used as evidence in court. A DNA test can be voluntary on the part of the father or it can be ordered by the court.

Court-Ordered Paternity

Generally, courts seek to act in the best interests of the children involved in paternity suits. As such, a court can designate paternity through administrative processes if it considers the other options to be untenable. This usually happens in cases where a child was born when the parents were legally married. 

A court may also consider someone to be a father if they have acted in a fatherly capacity in some way. This may be in the form of financial support. In such a case, DNA testing may not be necessary to assign paternity.

Talk to a Family Lawyer

At Wickersham and Bowers, we offer legal assistance for all paternity and family law matters. Call us today and schedule a consultation with our family law attorney.

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