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 voluntarilywhen the parents are certain of the father's identity. In such cases,they may sign a legal form called a voluntary acknowledgement ofpaternity, or something similar, and then file the form with the courtor appropriate state agency. Executing this voluntaryacknowledgement can be done right in the hospital following thechild's birth, or any time thereafter. The father's name is thenincluded on the child's birth certificate.
Even if a voluntary acknowledgement is not signed, the parties maylater enter into an agreement with the help and advice of theirattorneys that establishes the father's identity and resolves custodyand support issues.
If neither of these voluntary procedures is an option, legal action maybe necessary. A mother may file a paternity action to establish thatthe man she believes to be her child's father in fact is, or, if themother is receiving public assistance, the state may initiate theaction in order to recover its costs from the father. The putative, orprobable, father's presence in court will be demanded, and he may berequired to submit to DNA testing if he contests his paternity. Geneticblood test results are usually available within a few weeks, and theycan establish (or negate) paternity with about 99 percent accuracy.If paternity is established in this manner, the court will enter an orderregarding the father's paternity. The father then becomes legallyobligated to pay child support according to the state's guidelines,which are generally based on both parents' incomes and the needs ofthe children. A father may also initiate legal action to establish hisown paternity.
At any time in this process prior to entry of the court's order, theparties may still enter into a settlement agreement that resolves thecustody and financial issues relating to the child. In most instances, afather is legally required to provide financial support to his children, sohe 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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