How to Establish Paternity

Legal paternity is the legal recognition of who a child's father is. It matters for custody, support, inheritance, health insurance and benefits.

When paternity is presumed

In most states, a man married to the mother when the child is born or conceived is presumed to be the legal father (Cornell LII). Other presumptions may apply, such as holding the child out as one's own.

Ways to establish paternity

1. Voluntary acknowledgment

Federal law requires states to offer a simple voluntary acknowledgment of paternity process, including at hospitals around the time of birth (42 U.S.C. 666(a)(5)). Once signed by both parents and filed, it generally has the effect of a court judgment after a short period in which either parent can rescind it, usually 60 days. After that, it can be challenged only on limited grounds such as fraud, duress or material mistake of fact.

2. Court order with genetic testing

Either parent, the child (through a representative) or the state child support agency can file a paternity case. The court can order genetic testing, and states must give results of a certain probability a legal presumption of paternity (42 U.S.C. 666(a)(5)).

3. Through the child support agency

State child support agencies establish paternity as part of their services, often at low or no cost.

Home DNA tests

Home tests can answer personal questions but are usually not accepted in court because there is no chain of custody. Court-ordered tests use accredited labs.

When can a paternity test be done?

Tests can be done after birth with a cheek swab. Prenatal paternity testing exists but is less common and should be discussed with a doctor.

What paternity means

• For fathers: the right to seek custody and visitation; see how custody is decided
• Child support: the obligation to support the child; see how child support is calculated
• For children: inheritance, Social Security and veterans benefits, health insurance and medical history

Disestablishing paternity

Undoing paternity after an acknowledgment or judgment is difficult and time-limited. Get advice quickly if you have doubts.

A family lawyer can file or defend a paternity case.

Sources

1. Cornell Law School LII: Paternity
2. Cornell Law School LII: 42 U.S.C. 666(a)(5), Procedures concerning paternity establishment