Whether you’re a mother seeking child support or a father wanting legal rights to your child, establishing paternity is the essential first step. Once paternity is established, fathers have both rights and responsibilities, and children gain benefits including child support, inheritance rights, and access to family medical history.
Quick Answer
Yes, you can file a paternity suit (also called a parentage action) to legally establish who is a child’s biological father. This typically involves DNA testing, which is highly accurate. Either the mother, alleged father, or child (through a representative) can file. Once paternity is established, child support, custody, and visitation can be addressed.
Who Can File a Paternity Suit?
- Mother: To identify the father and seek child support
- Alleged father: To confirm he’s the father and establish parental rights
- Child: Through a guardian or representative
- State/child support agency: When mother receives public assistance
Why Establish Paternity?
For the Child
- Right to financial support from both parents
- Access to father’s health insurance
- Inheritance rights
- Social Security benefits if father becomes disabled or dies
- Access to family medical history
- Psychological benefits of knowing parentage
For the Mother
- Ability to seek child support
- Shared parenting responsibilities
- Help with raising the child
For the Father
- Legal recognition as parent
- Right to seek custody or visitation
- Ability to participate in major decisions
- Legal standing if custody disputes arise
Ways to Establish Paternity
Voluntary Acknowledgment
The easiest method when both parents agree:
- Both parents sign a paternity acknowledgment form
- Often done at the hospital when the baby is born
- Can be signed later at a vital records office
- Has the same legal effect as a court order in most states
Court-Ordered Paternity (Paternity Suit)
When parents disagree or won’t sign voluntarily:
- File a petition with the court
- Court orders DNA testing
- Testing confirms or excludes paternity
- Court issues paternity order
Through Child Support Agency
If the mother receives public assistance:
- The state may initiate paternity proceedings
- DNA testing is typically provided at no cost
- Child support is established simultaneously
The DNA Testing Process
How It Works
- Simple cheek swab (not a blood test)
- Samples collected from child, mother, and alleged father
- Results typically available in 1-2 weeks
- Accuracy: 99.99% or higher
Who Pays for Testing?
- When court-ordered: Often paid by the state initially
- If paternity is established: Father may be ordered to reimburse costs
- Child support agencies: Typically cover testing costs
- Voluntary testing: You pay (usually $100-$500)
Court-Ordered vs. At-Home Tests
- Court-ordered: Conducted at certified labs with chain of custody; admissible in court
- At-home tests: Not admissible in court but can answer personal questions
After Paternity Is Established
Child Support
- Father becomes legally obligated to pay support
- Amount determined by state guidelines
- Can include healthcare costs and childcare
- Can be retroactive to birth in some states
Custody and Visitation
- Father can seek custody or visitation
- Determined by best interests of the child
- May require separate family court proceedings
Child’s Name
- Court may order child’s name changed
- Father’s name added to birth certificate
Special Situations
Mother Is Married to Someone Else
Most states presume a married woman’s husband is the father. Overcoming this presumption requires:
- DNA testing showing the husband isn’t the father
- Petition to establish biological father’s paternity
- May be time-limited (must act within certain years)
Alleged Father Denies Paternity
- Court orders DNA testing
- Refusal to test can result in court finding paternity by default
- Testing resolves the question definitively
Father Wants Rights but Mother Objects
- Father can file paternity suit
- Once paternity is established, father has standing for custody/visitation
- Court decides based on child’s best interests
After Father’s Death
- Paternity can sometimes be established posthumously
- May involve DNA from relatives
- Important for inheritance and benefits claims
Statute of Limitations
Deadlines vary by state:
- Some states allow paternity actions anytime before child turns 18
- Others have shorter deadlines
- Challenging presumed paternity (married father) often has stricter limits
- Act promptly—delays can complicate cases
Contesting Paternity
If You Believe You’re Not the Father
- Request DNA testing through the court
- If test excludes you, paternity can be vacated
- Must act within time limits (often 2 years from acknowledgment)
If You Signed an Acknowledgment
- Most states allow rescission within 60 days
- After that, must prove fraud, duress, or material mistake
- DNA evidence alone may not be enough after time limits pass
Frequently Asked Questions
Can paternity be established before the baby is born?
In some cases, yes. Prenatal paternity tests exist, though they’re more expensive and carry some risks. Most families wait until after birth.
What if the alleged father won’t cooperate with testing?
Courts can order testing. Refusal to comply can result in the court finding paternity by default, meaning the man is legally declared the father.
Does establishing paternity mean the father gets custody?
Not automatically. Paternity establishes legal fatherhood. Custody and visitation are separate matters decided based on the child’s best interests.
Can I get child support going back to birth?
Possibly. Many states allow retroactive child support, but rules vary. Some limit recovery to the date of filing. Act quickly to preserve your rights.
What if I’m paying child support but I’m not the father?
You may be able to contest paternity, but time limits are strict. If you signed an acknowledgment or were married to the mother, challenging paternity becomes harder after certain deadlines. Consult an attorney immediately.
When to Contact a Lawyer
Consider consulting a family law attorney if:
- You’re unsure how to file a paternity suit
- The other parent is contesting paternity
- There are complicating factors (mother was married, multiple possible fathers)
- You want to contest an existing paternity finding
- You need to establish custody and support along with paternity
- Significant assets or inheritance are involved
Many family law attorneys offer consultations for paternity matters. Given the long-term implications for everyone involved, professional guidance is often valuable.
