To "establish paternity" means to establish who a child's legal father is. While the laws vary slightly from state-to-state, paternity laws are not that different across the country.

Generally, when the parents are married when their child is born, there isn't any question as to who the child's father is. This is because the law assumes that the woman's husband is the child's biological father, so paternity is established automatically when a couple is married.

What about when the couple is not married when the child is born? In that case, paternity will have to be established in order for the father to have any rights or responsibilities toward his child.

Establishing Paternity Before Court Orders

Let's say a couple had a child, but they were never married. The couple broke up and now the mother wants the father of her child to pay child support. In order for the court to order child support, paternity will have to be established first. Otherwise, the father is not obligated to support his child.

Usually, establishing paternity can be done in one of two ways: 1) the biological father voluntarily acknowledges paternity by signing a Declaration of Paternity or similar form, or 2) the court orders a DNA test. DNA tests are usually performed when the presumed father denies that he is the child's biological father.

In cases where a child does not have a legal father, paternity must be established before orders for child support, child custody and visitation can be made. Beyond these reasons, once paternity is established, the child can receive health and life insurance from either parent, as well as an inheritance and Social Security benefits.

For the mother, establishing paternity means she can start receiving child support, but at the same time, it can mean that the biological father can seek child custody and visitation depending on the state that the child lives in.

For more information about establishing paternity, contact a family law attorney in our directory!