In South Carolina, legal paternity can be established at any time before the child’s 18th birthday. This guide outlines who can initiate the process, how it works, and the legal implications involved.
Who Can Start the Process
Below are the individuals and entities who have the authority to establish paternity in South Carolina.
The Child’s Mother can file a complaint to establish paternity, particularly useful when seeking to legally recognize the biological father and establish child support obligations.
The Biological Father has the right to initiate paternity proceedings to establish his legal relationship with the child, especially important for unmarried fathers who want to secure custody and visitation rights.
The Child Support Enforcement Services can also initiate proceedings to establish paternity, especially when the child’s mother receives public assistance or Medicaid benefits.
The ability for multiple parties to initiate proceedings ensures that paternity can be established even when one parent is uncooperative, prioritizing the child’s right to have both parents legally recognized. Once it’s clear who can initiate the process, the next step is understanding how paternity is actually established in different family situations.
How to Establish Paternity in South Carolina
For Married Couples
Under South Carolina law, a child born to a married woman is presumed to be the child of her husband, regardless of biological relation. This legal presumption, rooted in the Lord Mansfield Rule, means the husband is automatically considered the legal father and is typically listed on the birth certificate. When a married couple needs to establish a different biological father, they must first disestablish paternity through the courts.
For Unmarried Parents
Unmarried parents have two primary pathways for establishing paternity:
Voluntary Paternity Acknowledgement Affidavit (PAA): The most common method involves signing the Paternity Acknowledgement Affidavit form. This process requires:
- Both parents must sign the form
- Signatures must be witnessed by a notary, postmaster, or other qualified witness
- The completed form must be mailed to the South Carolina Department of Health and Environmental Control (DHEC), Division of Vital Records.
- The form is often available at hospitals for immediate signing after birth
Court-Ordered Paternity When voluntary acknowledgment isn’t possible or there is disagreement about paternity, either parent can file a petition in Family Court.
How to Get a Court-Ordered Paternity Test in South Carolina
If voluntary acknowledgment isn’t an option, the next step may involve a legal process. Here’s how to obtain a court-ordered paternity test in S. Carolina.
- Court Process: Filing a petition requesting a court-ordered DNA test.
- Mutual Agreement: Both parents agree to testing without court involvement.
Requirements:
- Only tests performed by our partner AABB-accredited laboratory will be recognized for legal use in court.
- Test results establish biological relationships accepted by Family Court.
Can I perform paternity test without filing a paternity action in court?
Yes. Both parents have to agree to perform a legal paternity test prior to filing a paternity petition with Family Court. Similar to testing performed through Family Court. Secure DNA Tests partner lab is accredited and results are recognized by Family Courts and Vital Records Birth Certificate office.
Why Choose Secure DNA Tests South Carolina?
Secure DNA Tests South Carolina is committed to helping families through sensitive legal processes with compassion, clarity, and expertise.
- Personalized service tailored to your needs.
- All DNA testing is performed by our AABB-accredited partner laboratory.
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For reliable and accurate DNA testing services, call Secure DNA Tests at 888-970-4211 to get started today.
Do I Need a Lawyer for a Court-Ordered Paternity Test?
No. Either parent can file a paternity petition with Family Court without a lawyer. The judge may order DNA testing to confirm paternity.
Time Limits and Legal Effects
Unlike some states, S. Carolina doesn’t impose strict time limits for initiating paternity establishment. However, timing affects the complexity and available options:
No Absolute Deadline: Paternity can be established at any time, but earlier establishment provides more benefits and simpler procedures.
60-Day Rescission Window: Once an PAA is signed, there’s only a 60-day window for easy withdrawal, or until child support proceedings begin, whichever comes first.
Immediate Legal Effects: Once paternity is established, the father immediately assumes legal responsibilities including child support obligations, and gains rights to seek custody and visitation.
Note: These responsibilities apply regardless of whether the father was previously involved in the child’s life, which can have significant financial and emotional implications.
Birth Certificate Changes: Establishing paternity allows the father’s name to be added to the child’s birth certificate, creating official legal recognition.
Presumption of Paternity in South Carolina
South Carolina’s paternity presumptions differ significantly based on marital status:
Marital Presumption: Children born to married women are presumed to be fathered by the husband, creating an immediate legal relationship that requires active court proceedings to overcome.
No Presumption for Unmarried Parents: Children born to unmarried parents have no automatic paternity presumption for the biological father, requiring affirmative action to establish legal paternity.
DNA Test Presumption: Genetic tests showing 95% or higher probability of parentage create a legal presumption of paternity that can only be rebutted with clear and convincing evidence.
What You Need to Know Before Signing an Affidavit of Acknowledging Paternity
Before signing an PAA, consider these critical factors:
Legal Binding Nature: The PAA carries the full legal force of a court order, creating immediate and comprehensive legal responsibilities and rights.
Limited Rescission Period: You have only 60 days to easily withdraw the acknowledgment, or until child support proceedings begin, whichever occurs first.
Financial Obligations: Signing immediately creates potential child support obligations calculated under South Carolina’s table based combined parental system that increases with the number of children and decreases slightly as combined parental income rises.
The basic child support obligation is determined using a table based on combined parental income and the number of children. This obligation is then divided between the parents based on their respective incomes
Right to Genetic Testing: You can request DNA testing before signing, and declining this right may affect your ability to challenge paternity later.
Parental Rights: Signing grants you legal standing to seek custody and visitation, but also makes you liable for the child’s support.
Long-term Implications: The decision affects inheritance rights, access to benefits, and the child’s legal identity permanently.
Can Paternity Establishment Be Rescinded in South Carolina?
Yes, but with significant limitations:
60-Day Administrative Rescission: Within 60 days of signing an PAA (or before child support proceedings begin), rescission may be possible through administrative procedures with the Bureau of Vital Statistics.
Court Challenge After 60 Days: After the 60-day period, challenging an PAA requires court proceedings and proof of specific legal grounds:
- Fraud
- Duress
- Material mistake of fact
High Burden of Proof: Challengers must prove their case by “preponderance of evidence,” and simply discovering non-paternity through DNA testing may not be sufficient without proving one of the three specific legal grounds.
Continued Support Obligations: Child support obligations typically continue during challenge proceedings unless the court finds “good cause” for suspension.
Benefits of Establishing Paternity in S. Carolina
For the Child
Financial Security: Access to child support calculated under South Carolina’s guidelines, providing consistent financial support.
Health Benefits: Eligibility for the father’s medical and life insurance coverage.
Government Benefits: Access to Social Security, veterans’ benefits, and Native corporation dividends if applicable.
Inheritance Rights: Legal heir status ensuring inheritance rights under South Carolina’s intestate succession laws.
Identity and Medical History: Access to paternal family medical history and genetic information crucial for healthcare decisions.
For Parental Rights
Custody and Visitation: Legal standing to seek custody arrangements and parenting time.
Decision-Making Authority: Rights to participate in major decisions about the child’s education, healthcare, and welfare.
Legal Recognition: Official acknowledgment of the parent-child relationship with all associated rights and protections.
For Legal Implications
Birth Certificate Rights: Father’s name added to official birth records, creating permanent legal documentation.
Legal Standing: Authority to make emergency medical decisions and participate in school activities.
Protection of Rights: Legal safeguards ensuring continued relationship with the child even if circumstances change.
Estate Planning: Ability to include the child in wills, trusts, and other estate planning documents.
Establishing paternity in S. Carolina creates a comprehensive legal framework that benefits all parties involved, but particularly ensures the child’s access to support, benefits, and a complete family identity. Understanding these processes and acting promptly when paternity questions arise protects everyone’s interests and provides the strongest foundation for the child’s future.
Does Signing a Birth Certificate Establish Paternity?
No. Unmarried parents in S Carolina establish legal paternity by signing a Voluntary Paternity Acknowledgement Affidavit form. The form gets filed with the South Carolina Department of Health and Environmental Control (DHEC), Division of Vital Records.
The signed Paternity Acknowledgement Affidavit establishes paternity. This allows adding the father’s name to the birth certificate. The birth certificate alone does not establish legal paternity for unmarried fathers.
Summary Table
| Aspect | Details |
|---|---|
| Time limit | Up to child’s 18th birthday |
| Initiators | Mother, Biological Father, Child Support Enforcement |
| For Married Parents | Presumption husband is father; court needed to change |
| For Unmarried Parents | Voluntary PAA or Court-Ordered DNA Test |
| Rescission Period | 60 days after signing or before child support case starts, whichever comes first. |
| DNA Testing | Will be conducted by our partner AABB accredited |
| Birth Certificate Effect | Name added only after paternity established via affidavit |
| Legal Effects | Child support, custody rights, inheritance, medical decisions |
Paternal Services:
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Forensic DNA Services:
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