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What is paternity?
Establishing paternity is the process of determining the legal father of a child. When parents are married, paternity is automatically established in most cases. If parents are unmarried, paternity establishment is not automatic and the process should be started by both parents as soon as possible for the benefit of the child. Typically, the father will sign a Voluntary Declaration of Paternity in the hospital upon the birth of the child. Hospitals have these forms.
How is paternity established?
Unmarried parents can establish paternity (legal fatherhood) by signing the Voluntary Declaration of Paternity. This can be done in the hospital after the child is born. Signing this form will make the process of legally establishing paternity easier and faster in most cases. A Declaration of Paternity may also be signed by parents after they leave the hospital.
If the parties were never married, and there is no Voluntary Declaration of Paternity, then both the mother and the presumed father (and even the child) can bring a paternity action in family court. The judge may then issue an order that the parties submit to a DNA test. After the results of the DNA test are known, the question of paternity will be established accordingly.
Can a man be obligated to support a child even if he can prove that he is not the biological father?
Yes, there are circumstances where a man must provide financial support for a child even if a DNA test proves that he is not the biological father.
Also, if a mother (or Child Support Services) brings a paternity action and names the alleged father, and that father does not participate in the paternity proceedings then the court may order that the nonparticipating alleged father is deemed to be the father and must provide financial support. The father has two years from the judgment of paternity in which he can attempt to set aside this determination. If he does not act within that time period, even though DNA tests prove that he is not the father, the father still must provide support.
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