Establishing the paternity of a child is important. Established paternity affects legal parental rights and obligations such as visitation and child support, social security, veterans benefits, and health care. Establishing paternity also provides an accurate medical history for the child, giving the healthcare provider additional insight during diagnosis and in managing the child’s health.
Paternity Testing: Best Done Sooner Than Later
After filling out an Acknowledgement of Paternity (AOP), couples have a limited amount of time (depending on the state) to request a DNA test to establish paternity and amend the AOP; otherwise the previously listed father on the AOP could be held legally responsible for the child despite not being the biological father. Some states have procedures for disestablishing (revoking) paternity. However, when a father/child relationship has been established, states are often reluctant to break that bond. Whether or not paternity can be revoked will vary by state.
Paternity and Divorce
If the mother is married to someone other than the baby’s father, or if she has not been divorced for over 300 days, her husband is assumed to be the father of the baby. The biological father can only be named the legal father if he fills out an AOP and the husband also signs a denial of paternity. If the husband does not sign the denial of paternity, either biological parent would have to take legal action to establish true paternity.
Then there’s the business of changing the child’s last name. This could happen in a number of situations, such as discovery of paternity being different than what was supposed, or when a stepfather adopts a child and the biological father signs over his parental rights. Signing over parental rights will extinguish both visitation rights and financial obligations to the child. Adopting and changing the last name of the child is possible if the biological father will consent to it; otherwise, prepare for the headache of a contested adoption, even if the biological father has been M.I.A. for years.
Children Born Out of Wedlock
Most states have laws requiring unmarried couples to fill out an Acknowledgment of Paternity form at the hospital to legally establish who the father is. If the couple is not married — and the mother has not been married during the last 300 days — no father will be listed on the birth certificate until and AOP is filled out and squared away with the Bureau of Vital Statistics.
If you’ve fathered a child out of wedlock, and the mother is considering putting the child up for adoption, but you do not want the child given up, you should find an adoption attorney who is experienced with contested adoptions.
Court-Ordered Paternity Tests
Obviously either parent may refuse to submit to a paternity test when things get hostile. Generally, if a mother was married at the time a child was conceived, the law presumes the woman’s husband to be the father and will not allow another individual to interfere in the marriage or order testing unless the mother voluntarily submits.
Establishing is obviously a very emotionally-charged and even tender ordeal. Get tested before accusations start flying, as this will protect the child’s rights and prevent a nasty court battle later.
