Paternity in Pennsylvania
Establishing paternity is a foundational step in many family law matters involving unmarried parents. Until paternity is legally established, a father has no legal rights to custody or visitation, and the child has no legal claim to support, inheritance, or benefits from that parent. Paternity can be established voluntarily or through the court, and it has significant downstream effects on custody, support, and the child's legal identity.
How an AOP Works
The simplest and fastest way to establish paternity in Pennsylvania is through an Acknowledgment of Paternity (AOP). Typically signed at the hospital at the time of the child's birth, the AOP is a legal document in which both parents acknowledge that the signing man is the biological father. Once signed and filed with the Pennsylvania Department of Human Services (formerly Public Welfare), the AOP has the same legal effect as a court order establishing paternity.
An AOP can also be signed after the birth at the birth registration office, a local domestic relations section, or other designated offices. Both parents must sign willingly and without coercion. A signatory may rescind an AOP within the earlier of 60 days or the date of an administrative or judicial proceeding relating to the child, such as a domestic relations conference or a support proceeding in which the signatory is a party. After 60 days, an AOP can be challenged in court only on the basis of fraud, duress, or material mistake of fact, which the challenger must prove by clear and convincing evidence.
Signing an AOP is a significant legal act. It establishes the legal father for all purposes: support, custody, inheritance, and benefits. Before signing, both parties should understand what they are agreeing to and what rights and obligations follow.
Establishing Paternity Through the Court
When paternity is disputed, or when one party wants to establish or challenge paternity after the acknowledgment period, a court proceeding is required. Either the mother, the alleged father, the child, or the Pennsylvania Department of Human Services (in support cases) can file a paternity action.
DNA Testing
Courts can order genetic testing to establish biological parentage. Pennsylvania uses DNA testing with a very high degree of accuracy. Results showing a 99% or greater probability of paternity create a presumption of paternity, rebuttable only by clear and convincing evidence that the results are unreliable in that particular case. If testing establishes paternity, the court enters a paternity order.
The Presumption of Paternity
Pennsylvania recognizes a presumption of paternity in marriage: a child born to a married woman is presumed to be the husband's child. This presumption can be rebutted, but it requires clear and convincing evidence and a timely challenge. The legal and biological father may not be the same person in all circumstances, and the legal implications of that distinction are significant.
Legal Consequences of Establishing Paternity
Child Support
Once paternity is established, either parent may file for child support. The obligation to pay child support runs from the date of the support complaint rather than from the date of birth or the date paternity was established. Filing for support promptly after paternity is established protects the child's right to financial support.
Custody
Established paternity gives the father standing to seek custody or visitation. Without established paternity, a putative father has no legal right to seek custody and no legal obligation to pay support. Establishing paternity is the prerequisite to any custody proceeding for an unmarried father.
Benefits and Inheritance
Legal paternity entitles the child to inheritance rights from the father under Pennsylvania's intestacy laws, Social Security survivor benefits, veterans' benefits, and other governmental benefits tied to parental status.
When Paternity Is Disputed
A man who has been named as a father through an AOP or a prior court order and believes he is not the biological father may seek to challenge paternity, although timing matters significantly. Pennsylvania courts balance the interests of the child (particularly the importance of stability and established parent-child relationships) against the interests of the legal and biological fathers. A challenge brought years after a parent-child relationship has been established faces a much higher burden than one brought promptly upon learning the facts.
Similarly, a mother who disputes an AOP her partner signed or a prior paternity determination has avenues for challenge, again with strict time limits. These situations are fact-specific and require legal advice specific to the circumstances.
When you have reason to believe paternity was established incorrectly, or that a man who should be the legal father has not been named, the time to act is now. The longer an incorrect legal determination stands, the more difficult it becomes to change.