Paternity
by Lowen Jones
Published on August 25, 2025 · 2 min read
What is paternity?
Paternity refers to the legal recognition of a person as the biological or legal father of a child. Establishing paternity is important for determining parental rights and responsibilities, including custody, visitation, child support, and inheritance. In some cases, paternity is automatically assumed, while in others, it must be formally established through agreement or court action.
Key elements of paternity
- Presumed paternity: In most states, a person is presumed to be the legal father if they were married to the child’s mother at the time of birth.
- Voluntary acknowledgment: Unmarried parents can sign a voluntary acknowledgment of paternity form, usually at the hospital or later through a state agency.
- Court-ordered establishment: If there is a dispute, either parent can file a petition to establish paternity, which may involve DNA testing.
- Benefits of establishing paternity: Legal paternity gives a child access to financial support, health insurance, inheritance, and social security benefits. It also secures the father’s rights to seek custody or visitation.
- Challenges to paternity: A presumed or acknowledged father can contest paternity in court, typically within a limited timeframe, often requiring genetic testing.
- Impact on child support and custody: Once paternity is confirmed, the father may be ordered to pay child support and may also gain rights to parenting time or decision-making.
Why paternity matters
Establishing paternity creates a legal foundation for both the child and the father. It can help ensure the child has access to essential benefits and allow both parents to participate in the child’s upbringing. Because paternity affects long-term legal and emotional outcomes, many people find it important to resolve any uncertainty through the appropriate legal process.
