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Legal Significance of Paternity

Paternity is the legal establishment of the identity of a child's father. Contrary to common belief, when a man's name is indicated on a child's birth certificate as the father, this doesn’t establish paternity. In fact, a mother may list anyone whom she believes is, or wants to be, the father. Also contrary to popular belief, a DNA test is not the only way paternity can be established. In fact, paternity can be established through several means. Read on to learn more about how paternity is established and the legal significance of paternity.

Voluntarily Assumed Paternity

Paternity is assumed in a variety of circumstances, including:

  • The child is born to a married couple
  • The child is born to an unmarried couple but the parents marry after the child is born and sign a legitimation form
  • The child is born to an unmarried couple who never marry but sign a voluntary acknowledgment of paternity or a similar agreement drafted by an attorney
  • The father attempts to marry the mother when the child was born or conceived
  • The father marries the mother after the child is born and agrees to have his name put on the birth certificate or agrees to support the child
  • The father welcomes the child into his home and openly holds the child out as his own
  • The father and child have a close parent/child relationship and the court grants equitable parent custody rights

Because paternity is not determined solely by a birth certificate or a blood test, a father who is not married to the mother of his child needs to acknowledge his paternity in one of the above manners or he may lose his rights to another man who makes the effort to become the child's presumed father.

Involuntary Paternity

Paternity can also be established when the mother, or the state providing public assistance to the mother, brings a paternity lawsuit against the probable father. The probable father will be required to appear in court and may need to submit to DNA testing. Genetic blood tests can establish paternity with 99 percent accuracy. If paternity is established, the court will enter an order regarding the father's paternity and he will be required to pay child support.

Legal Significance of a Paternity Determination

Whether paternity is established voluntarily or involuntarily, it has several important legal consequences.

For the Father

A man who is legally established to be a child's father is held accountable for his share of support and responsibility. If the father is unwilling to support the child voluntarily, he can be compelled to do so after a successful paternity suit. If the child was born out of wedlock and the mother wishes to give the child up for adoption, she will be unable to do so when the father asserts paternity and refuses his consent. A father claiming paternity also gains custody and visitation rights to the child.

For the Mother

For a mother, paternity determinations secure financial support from the father. The mother may also be required to share custody with the father or allow for visitation time.

For the Child

For a child, a paternity determination secures support from his or her father. The child gains the right to receive shelter and aid from his or her father, as well as the right to inherit, the right to access personal information about the known health risks and profiles of the paternal family, and the right to sue for harm or death of the father that results in loss to the child. A child for whom parentage has been established may also be eligible to receive workers' compensation benefits resulting from the father's death, or other dependent-based governmental assistance. From a health perspective, the child also gains a sense of emotional and psychological relief knowing the identity of his or her father.

Next Steps
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