How to Establish Paternity in Pennsylvania
If you are an unmarried parent, it’s important to understand that there is no legal relationship between a child and father until paternity has been established. While it is common for an unmarried father to voluntarily provide monetary support to the mother to help with the costs of raising their child, he is under no legal obligation to do so without an acknowledgement or order of paternity. However, he also would not have custody or visitation rights.
There are two ways to establish paternity in Pennsylvania — voluntarily or involuntarily. In many cases, paternity is voluntarily established at the hospital or birthing center when a child is born. An unmarried father or an unmarried mother may also seek a paternity order from the court at any time before the child turns 18 years old.
What is Paternity?
Paternity refers to the legal status of being a father. Under Pennsylvania law, paternity is presumed when parents are married at the time of the child’s birth. However, when parents are unmarried when the child is born, paternity must be legally established before the name of the child’s father can appear on the birth certificate. Importantly, just because a child’s father may be their biological father, it doesn’t automatically mean they are the child’s legal father.
What are the Benefits of Establishing Paternity?
One of the major benefits of establishing paternity is providing the child with the opportunity to foster a relationship with their father. But there are more than just the emotional benefits that come with declaring paternity — there are also several major legal advantages. When paternity is established, the child’s father is given the legal rights, responsibilities, and obligations that come with being a parent. This can include custody and visitation rights, as well as child support obligations.
A child may be entitled to the following benefits when paternity is established:
- Healthcare coverage and medical insurance
- Social Security benefits
- Veteran’s benefits
- Life insurance
In addition, establishing paternity can protect the child’s right to receive an inheritance from their father under Pennsylvania’s intestate laws. A child can also benefit from being able to access the medical history of their paternal line — this can inform them of whether they are at risk of any specific genetic conditions.
Voluntarily Establishing Paternity in Pennsylvania
Paternity can be established in Pennsylvania with a Voluntary Acknowledgement of Paternity when both parents agree that the child’s father is their biological father. This document is usually signed at the hospital or birthing center and must be executed by both parents in the presence of a witness who is at least 18. A Voluntary Acknowledgement of Paternity is considered to be a legal finding of paternity and can be rescinded within sixty days of being signed.
After the 60-day statutory time period has passed, an acknowledgement of paternity can be challenged in court on the basis of fraud, duress, or material mistake of fact. The legal standard applied in cases challenging paternity is clear and convincing evidence — this means the party contesting paternity must present evidence that shows there is a high probability that the party is not the biological father, such as through DNA testing. Significantly, a child support order that is in place will not be suspended while the proceedings to challenge paternity are ongoing, unless good cause can be shown.
Involuntarily Establishing Paternity
If the child’s biological father refuses to sign a voluntary acknowledgement of paternity, the child’s mother can commence a proceeding to involuntarily establish paternity in family court. Under Pennsylvania law, the process by which legal fatherhood is established when either party refutes paternity begins with filing a Petition to Determine Paternity. In these cases, a judge may order genetic testing to determine whether someone is the child’s biological father. If the court determines that the alleged father is the biological father of the child, it will issue an order of paternity.
After an order of paternity is issued by the court, the biological father is declared the child’s legal father, and their name can be placed on the child’s birth certificate. In many cases, a petition for the involuntary establishment of paternity is brought along with a child support action. Once paternity is proven, the court can hear a case to decide support.
Contact an Experienced Pennsylvania Family Law Attorney
Establishing paternity can be an emotionally charged and complex process. Whether you’re seeking to establish paternity or challenge it, a skilled family law attorney can help ensure your rights are protected. At Berman & Associates, our knowledgeable Pennsylvania family law attorneys are committed to assisting clients with a wide variety of family law matters, including paternity issues. We welcome you to contact us today to schedule a consultation at our Media office.
