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How can unmarried fathers establish paternity?

On Behalf of | Jan 27, 2025 | Family Law

Some men automatically benefit from parental rights after the birth of a child. State law imposes a presumption of paternity in scenarios where married couples have children. When a married woman gives birth, the state automatically includes her husband as the father on the birth certificate. He then has rights if the couple divorces in the future, including the right to shared parenting time.

When unmarried couples have children, there is no automatic presumption of paternity. Instead, the father has to take special steps to legally establish his paternity. There are several different ways that a man establishes legal paternity so that he has parental rights.

Executing a Paternity Affidavit

The simplest and fastest way to establish paternity involves working with the mother of the child. Fathers and mothers can execute Paternity Affidavits at the hospital after the birth of a child to have his name included on the birth certificate. It is relatively easy to establish paternity immediately after the birth of a child. The parents can also go to the health department while the child is still a minor and submit a Paternity Affidavit there to add his name to the birth certificate. So long as the mother readily acknowledges the paternity of the father, the two can cooperate to ensure that the state acknowledges him as well.

Requesting paternity testing

In scenarios where the mother does not acknowledge the father or there are questions about paternity, a father may need to involve the family courts. The courts can order genetic testing. Test results can potentially validate a man’s claim to paternity. If testing shows that he is the father, he can then ask to add his name to the birth certificate and assert his parental rights. He can ask for visitation or shared custody even if the mother is uncooperative.

Making the effort to legally establish paternity can be beneficial for a child and their father. Children can better understand their family history, have access to insurance and gain inheritance rights when their fathers establish paternity. Men who know their options can ensure that the state acknowledges their parentage of their children, which allows them to assert their parental rights.