How Long Does a Father Have To Establish Paternity in VIRGINIA

Establishing paternity in Virginia has different processes based on marital status. Alleged fathers can establish paternity any age so there is no set timeline. The following explains who can establish paternity and the methods involved.

How long does it take to establish paternity?

Establishing the paternity of a child depends on your circumstance.

In Virginia 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 Acknowledgement of Paternity at the hospital or submitted to local registrar 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.
• Putative fathers do not have an age limit to establish paternity in VA. A child can be an adult of any age.

VA Presumption of Paternity

• In Virginia, married men and men who have a child is born within 300 days after a marriage ends.
• Even if the husband is not the biological father, any child conceived during the marriage. The husband is presumed the legal father.

What you need to know before signing an Acknowledgment of Paternity

Before signing a acknowledgement of paternity (AOP) form in Virginia, 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: A paternity affidavit is legally binding once signed, and no further court action is required to establish paternity.

Can paternity be rescinded in Virginia?

Yes. Paternity establishment can be rescinded within 60 days of signing the Acknowledgment of Paternity form. Both the mother and presumed father must sign a Disestablishment of Paternity form. After filing the disestablishment form, a court order will be required to disestablish paternity.

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

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 AOP 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 Virginia

The key benefits of establishing paternity in Virginia 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.

Can DNA testing establish paternity in VA?

Yes. Virginia accepts DNA testing for paternity establishment through two methods:

1. Court process: File a paternity action, judge requests a 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 Virginia.

Does signing a birth certificate establish paternity in Virginia?

In Virginia, signing a Acknowledgement of Paternity (AOP) 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 AOP is filed with the Office of Vital Records in Richmond, local health department clinics, local departments of social services, and local child support offices, 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 acknowledgment of paternity can be submitted to a local State Registrar office.

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

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

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?

With many DNA testing companies available today, choosing the right service can be confusing. Secure DNA Tests Virginia 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 VA at 888-970-4211 to get started today.