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Did you Know?

State statutes require an Acknowledgment of Parentage form for all out-of-wedlock births signed by the mother and the named man to establish paternity.

The signed Acknowledgment of Parentage form is the legal basis for paternity establishment, child support, child custody, parenting time, or status of a child.

The mother of a child born out-of-wedlock is responsible for the support and education of her child, with or without a father’s liability.

Paternity

Paternity : What is it?

Since fathers often pay child support, it may be important to establish paternity. Fathers that may be required to pay child support include:

Acknowledged Father - The biological father of children born to unmarried parents.
Presumed Father - There are four conditions in which a man can be presumed to be the father of a child:
- The man was married to the mother of a child when it was conceived or born.
- The man attempted to marry the mother of a child when it was conceived or born.
- The man married the mother of the child after it was born and agreed to have his name put on the birth certificate or agreed to support the child.
- The man welcomed the child into his home after it was born and considered the child as his own.
Equitable Father - A father who is not the biological or adoptive father of a child, but who has a close relationship with the child that is encouraged by the biological parents.
Unwed Father - A man who does not marry the woman who bears his child.

In most cases paternity is presumed under the law; however, there are many instances in which it needs to be legally established. One way to establish paternity is for the man to sign a form acknowledging that he is the father. This gives the mother the right to collect child support, but it also gives the father some child custody rights. It is important to fully understand the legal ramifications of establishing paternity before having any papers signed. Once established, paternity is difficult to change. If a man refuses to sign a voluntary paternity acknowledgment, a paternity test can be administered.

DNA Paternity Testing

A paternity test can be used to determine if a man is the biological father of a child. DNA testing may be necessary to establish the paternity of an unwed father who refuses voluntary acknowledgement. In this case, the paternity test is usually requested by mother trying to collect child support.

A DNA paternity test can also be used to show that a certain man is not the biological father of a child. This type of paternity testing might be requested if an ex-husband believes that he did not beget the children he is supporting financially. In some cases, a woman may request a paternity test to show that a man is not the biological father in a child custody battle.

DNA paternity tests are most often performed using buccal (cheek) swabs or blood samples from the man and child. While not essential, tissue samples from the mother can aid the identification process. DNA testing can also be performed using other samples of tissue like hair, semen, and skin. In some cases paternity may need to be established before birth, and there are ways this can be accomplished as well.

If you are interested in learning more about child support and paternity testing, you may want to contact a family law attorney for more information.

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