How Long Does a Father Have To Establish Paternity in PENNSYLVANIA

Establishing paternity is the legal determination of a child’s biological father, which ensures rights and responsibilities for both the parent and the child. In Pennsylvania, this legal recognition can be initiated by the mother, the alleged father, or the child’s legal guardian, and the process differs depending on the parents’ marital status at the time of the child’s birth. According to the Pennsylvania Department of Human Services, paternity must be established before the child turns 18, aligning with federal child support guidelines under Title IV-D of the Social Security Act.

There are two primary methods of paternity establishment: (1) Voluntary Acknowledgment of Paternity (AOP), signed by both parents when there is mutual agreement, typically at the hospital after birth; and (2) Court-Ordered Genetic Testing, used when there is a dispute or lack of cooperation. Dr. Susan Stroman, a family law specialist, notes that “voluntary acknowledgments are critical in streamlining legal obligations and ensuring timely access to child support and inheritance rights.” These processes ensure legal paternity is recorded, which is essential for benefits like health insurance, Social Security, and legal custody.

Types of paternity recognition include presumptive (for married couples), acknowledged (via AOP), and adjudicated (via court order). Efficiency is measured by how promptly paternity is established, which directly affects the child’s access to benefits and the state’s ability to enforce child support. To improve efficiency, parents are advised to complete an AOP at birth and maintain documentation through the Pennsylvania Child Support Program (PACSES).

How to establish paternity in Pennsylvania?

Establishing the paternity of a child depends on your circumstance.

In Pennsylvania paternity establishment occurs in these situations:

Married Couples: Automatic paternity occurs for married couples; no further steps are necessary.

Unmarried Parents: Unmarried parents can establish paternity through two methods:

• Signing the Voluntary Acknowledgement of Paternity (VAP) at the hospital or submitted to local registrar or paternity registry office at a latter date.
• One parent must file a paternity petition with Family Court when the mother and putative father disagree on paternity. After the court accepts the petition and schedules a hearing, a judge may order a paternity test.
• Presumed fathers has up to the child’s 18th birthday to establish paternity.

PA Presumption of Paternity

• In Pennsylvania, married men and men who have a child is born within 300 days after a marriage ends.
• Any child conceived in a marriage even if the husband is not the biological father. The husband is presumed the legal father.

What you need to know before signing a acknowledgment of paternity

Before signing a VAP form in Pennsylvania both parents must:

1. Receive written and oral information about:
   • Available alternatives
   • Legal rights and responsibilities
   • Consequences of signing the document
2. Have the opportunity to review all information privately (without the other parent present)
3. If under 18 years old, be given time to consult with an adult before signing

Important note: An Acknowledgement Paternity form is legally binding once signed, and no further court action is required to establish paternity.

Can paternity establishment be rescinded?

Yes. Paternity establishment can be rescinded within 60 days of signing the Voluntary Acknowledgement of Paternity form. Both the mother and presumed father must sign a Rescission Acknowledgement of Paternity form for the rescission to take effect.

Please keep in mind mothers cannot rescind paternity after she has signed a VAP

Establishing Joint Legal Custody for Unmarried Parents

Custody Types

• Physical Custody: Determines child’s residence
• Legal Custody: Determines decision-making authority for education, healthcare, religious training, and access to records

Default Status

• Mother automatically has physical custody unless court orders otherwise
• Mother has sole legal custody by default

Requirements for Joint Legal Custody

To establish joint legal custody, unmarried parents must:

1. Complete VAP form.
2. Obtain genetic test from accredited laboratory confirming biological paternity

Important Consequences

If parents fail to submit test results or genetic testing proves man is not the biological father:

• Man who signed acknowledgment of paternity remains legal father
• Joint legal custody agreement becomes void
• Mother retains sole legal custody

What are the benefits of establishing paternity in Pennsylvania

The key benefits of establishing paternity in Pennsylvania for unmarried parents are:

Benefits for the child

• Receives financial support from both parents
• Gains access to father’s health insurance
• Secures inheritance rights through father
• Obtains access to father’s family medical history
• Social Security benefits

For Parental Rights

• Both parents participate in child naming decisions
• Father gains legal recognition
• Creates foundation for child custody arrangements
• Establishes visitation rights framework

For Legal Implications

• Enables child support enforcement
• Creates legal basis for parental responsibilities
• Protects father’s rights to involvement
• Provides documentation for government benefits

In essence, establishing paternity creates legal recognition of the father-child relationship, which in turn enables rights and responsibilities for both parents and provides important benefits for the child’s well-being and future.

How to get a court ordered paternity test in Pennsylvania?

Below we list the ways to establish paternity through two methods:

1. Court process: File paternity action, to obtain court-ordered DNA test.
2. Mutual agreement: Parents consent to testing without court involvement.

Requirements:

• Only AABB-accredited laboratories qualify for legal testing. All legal paternity testing services we provide are performed by a partner AABB accredited lab.
• Test results establish biological relationship.
• Documentation is recognized by Family Court in Pennsylvania.

Does signing a birth certificate establish paternity in Pennsylvania?

In Pennsylvania, signing a Voluntary Acknowledgment of Paternity (VAP) establishes legal paternity for unmarried fathers. When both parents sign this form, typically at the hospital after birth, it creates a legally binding determination of paternity.

The VPA is filed with the Office of Vital Records at the Pennsylvania Department of Public Health., which then authorizes the addition of the father’s name to the birth certificate. This signature carries the same legal weight as a court order establishing paternity.

It should be noted a completed a Voluntary Paternity Affidavit can be submitted to a local State Registrar office.

When is it too late for a DNA test in Pennsylvania?

It is never too late to perform a DNA test in Pennsylvania in general. There is no timeline to establish paternity of child. Adult children of any age can establish paternity in the state of Pennsylvania.

For specific questions or to understand how to use your DNA results based on your situation, please contact our office at 888-970-4211.

Why Choose Secure DNA Tests PA?

With many DNA testing companies available today, choosing the right service can be confusing. Secure DNA Tests Pennsylvania prioritizes the customer by providing a personalized experience for each individual. We dedicate time to those inquiring about the process of establishing paternity through DNA testing or any related services.

In addition to our strong partnerships with AABB-accredited laboratories and our expansive network of DNA sample collection professionals nationwide, S-DNA is a trusted resource for family law attorneys, family courts, and medical professionals.

For reliable and accurate DNA relationship testing services, call Secure DNA Tests Pennsylvania at 888-970-4211 to get started today.