FAMILY LAW FAQ
Chronology: Establishing Paternity

When a child is born to a married couple, a legal presumption arises
that the husband is the child's father. The same is not true with
unmarried couples. Establishing paternity is important for unmarried
couples in the event they break up and a parent seeks custody or
child support, for inheritance purposes, and in a variety of other
circumstances.

If the parents get married after the mother becomes pregnant but
before the birth, the husband's paternity is presumed in the same
manner as if the parents were married at the time of conception. If
the parents marry after the child is born, they can sign a legitimation
form, which grants the same rights as if the parents were married at
the time of birth.

Even if parents never marry, paternity can be established voluntarily
when the parents are certain of the father's identity. In such cases,
they may sign a legal form called a voluntary acknowledgement of
paternity, or something similar, and then file the form with the court
or appropriate state agency. Executing this voluntary
acknowledgement can be done right in the hospital following the
child's birth, or any time thereafter. The father's name is then
included on the child's birth certificate.

Even if a voluntary acknowledgement is not signed, the parties may
later enter into an agreement with the help and advice of their
attorneys that establishes the father's identity and resolves custody
and support issues.

If neither of these voluntary procedures is an option, legal action may
be necessary. A mother may file a paternity action to establish that
the man she believes to be her child's father in fact is, or, if the
mother is receiving public assistance, the state may initiate the
action in order to recover its costs from the father. The putative, or
probable, father's presence in court will be demanded, and he may be
required to submit to DNA testing if he contests his paternity. Genetic
blood test results are usually available within a few weeks, and they
can establish (or negate) paternity with about 99 percent accuracy.
If paternity is established in this manner, the court will enter an order
regarding the father's paternity. The father then becomes legally
obligated to pay child support according to the state's guidelines,
which are generally based on both parents' incomes and the needs of
the children. A father may also initiate legal action to establish his
own paternity.

At any time in this process prior to entry of the court's order, the
parties may still enter into a settlement agreement that resolves the
custody and financial issues relating to the child. In most instances, a
father is legally required to provide financial support to his children, so
he does not have a lot of negotiating room.

Once paternity has been established, the child obtains many legal
rights beyond child support. The child can inherit from his or her
father, is eligible for health insurance coverage under the father's
group policy, is entitled to social security benefits if the father dies or
becomes disabled, may be entitled to wrongful death benefits if the
father dies as a result of someone else's negligence, and can obtain
medical history information, to say nothing of the emotional benefits -
to both the father and the child-that may be reaped as a result of
establishing paternity.

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