What is Paternity Establishment?

What is Establishment of Paternity?

Paternity establishment is the legal process of formally recognizing a man as the father of a child . This crucial step ensures the child has access to financial support, vital benefits, and a complete family medical history, while also granting legal rights and responsibilities to both parents .

Across all U.S. states, paternity can generally be established through three primary methods:

1. Marital Presumption: In most states, a husband is automatically presumed to be the legal father if he is married to the mother when the child is born, requiring no further action .
2. Voluntary Acknowledgment of Paternity (VAP): For unmarried parents who agree on paternity, they can sign a VAP form, often at the hospital or a vital records office . Once filed, this document has the full legal force of a court order, making the father’s name legally binding on the birth certificate . Some states allow a short period to rescind a VAP .
3. Court or Administrative Order: If parents dispute paternity or one is unwilling to sign a VAP, a legal case can be opened. A court or state agency can order genetic (DNA) testing, typically using cheek swabs, to definitively establish biological fatherhood . A man can be declared the father by default if he fails to participate in the process .

Establishing paternity secures significant benefits: the father gains rights to custody and visitation, and the legal duty to provide child support . The child gains inheritance rights and eligibility for benefits like health insurance, Social Security, and veterans’ benefits through the father . While these methods are common, specific procedures and time limits can vary by state .

Paternity Establishment By State