Why and the way to Establish Paternity

 

What does it mean to establish paternity?

Video taken from the channel: Anton Legal Group, Family Law Firm


 

Why is it important to establish paternity?

Video taken from the channel: Bill Beck Law


 

How To Determine Paternity Without A DNA Test?

Video taken from the channel: IDTO DNA Paternity Test Info.


 

Family Law 101Establishing Paternity of a Child Born Out of Wedlock

Video taken from the channel: The Otto Law Group


 

Establishing Paternity

Video taken from the channel: ISBAlawyer


 

What exactly does “establishing paternity” mean?

Video taken from the channel: California Child Support Services


 

How Unmarried Fathers Establish Paternity | Dads Divorce | Legal

Video taken from the channel: DadsDivorce


If you would like to formally establish paternity, you should begin by asking the father of your child to voluntarily acknowledge paternity. In doing so, he agrees to accept responsibility for the child and pay child support until the child reaches the age of majority. The birth father can voluntarily acknowledge paternity in two way. What Is Paternity Establishment?

Paternity means fatherhood. Establishing paternity is the process for determining the legal father of the child. Why Should I Establish Paternity? Your child receives the benefits that come from having two legal parents, including: The father’s name on the child’s birth certificate. The best way to establish the father’s paternity is by naming him on the baby’s birth certificate.

Under U.S. Department of Health and Human Services regulations, all states must offer unwed parents an opportunity to establish paternity by voluntarily signing an acknowledgment of paternity, either at the hospital or at a later time. Paternity is the legal establishment of the identity of a child’s father.

Contrary to common belief, when a man’s name is indicated on a child’s birth certificate as the father, this doesn’t establish paternity. In fact, a mother may list. Paternity means legal fatherhood. Paternity is automatically established if the parents are married when the child is born.

The husband is the child’s legal father. If the parents aren’t married when the child is born, paternity needs to be established. If you don’t establish paternity, your child doesn’t have a legal father.

When both unmarried parents sign a declaration of parentage or paternity, it means they are the legal parents of the child. Signing a declaration of parentage or paternity is voluntary. The parents can sign a declaration at the hospital when the child is born.

If the parents sign at the hospital, both parents’ names will go on the child’s birth certificate, and the birth mother does not need to. Pater­ni­ty Paternity is legal fatherhood—and it’s one of the most important steps in the child support process. Establishing paternity will benefit the child, the father and the entire family.

Remember: For unmarried parents, the biological father does not have legal rights to his child until paternity is established. Establishing paternity also gives the father certain legal rights and responsibilities related to the child. It allows fathers to seek custody or visitation for their children through the courts. It also makes the father responsible to provide financial and medical support to the child, just as the law requires mother to do.

Establishing paternity provides the child a greater likelihood of having access to this information. In addition, establishing paternity is the first step in making plans to provide the financial support a child needs. With legal paternity established, the child will have access to: Social Security dependent or survivor benefits.

The law requires both parents to support their child. Establishing paternity is the first step in making plans to provide the financial support your child will need in a way that is fair to both parents. Establishing paternity can make it possible to collect support later, even if the father cannot or will not pay support now.

List of related literature:

Prodded by federal laws aimed at identifying fathers for childsupport parentage purposes laws, for where the first children time allowing received the welfare court benefits, to require New blood Jersey or genetic amended tests its in contested paternity cases and to compel such tests when requested by a party.

“Evidence: Cases Commentary and Problems” by David A. Sklansky
from Evidence: Cases Commentary and Problems
by David A. Sklansky
Wolters Kluwer, 2015

The government itself then takes the lead in filing petitions to establish paternity that require the alleged father to submit to blood tests and to pay child support if found to have fathered the child.

“Introduction to Law for Paralegals: A Critical Thinking Approach” by Katherine A. Currier
from Introduction to Law for Paralegals: A Critical Thinking Approach
by Katherine A. Currier
Wolters Kluwer, 2015

The starting point in establishing paternity is to obtain detailed facts from the mother.

“Family Law: The Essentials” by William P. Statsky
from Family Law: The Essentials
by William P. Statsky
Cengage Learning, 2003

The states have an interest in trying to determine the paternity of children and enforcing court orders for support, because this can result in savings of the maternal and child welfare program funds.

“Introduction to Forensic Science and Criminalistics, Second Edition” by Howard A. Harris, Henry C. Lee
from Introduction to Forensic Science and Criminalistics, Second Edition
by Howard A. Harris, Henry C. Lee
Taylor & Francis, 2019

Although DNA evidence established Father’s paternity, the trial court denied Mother’s petition (by the county welfare agency) to establish his paternity, based on contract grounds.

“Modern Family Law: Cases and Materials” by D. Kelly Weisberg
from Modern Family Law: Cases and Materials
by D. Kelly Weisberg
Wolters Kluwer, 2020

The Supreme Court long ago noted that the blood tests then available could often determine with certainty that a paternity defendant is not the father of a particular child, and held that due process requires providing those tests to indigent paternity defendants.1068 (Since that decision, determination of paternity

“Prisoners' Self-help Litigation Manual” by John Boston, Daniel E. Manville
from Prisoners’ Self-help Litigation Manual
by John Boston, Daniel E. Manville
Oceana, 2010

Tests to determine paternity have evolved over the years and actually constitute far more than simple blood tests.

“California Family Law for Paralegals” by Marshall W. Waller
from California Family Law for Paralegals
by Marshall W. Waller
Wolters Kluwer, 2016

A person seeking to establish paternity, or one opposing it, must submit an affidavit giving reasonable facts supporting the existence or nonexistence of requisite sexual contact before genetic testing.

“The Military Divorce Handbook: A Practical Guide to Representing Military Personnel and Their Families” by Mark E. Sullivan, American Bar Association. Section of Family Law
from The Military Divorce Handbook: A Practical Guide to Representing Military Personnel and Their Families
by Mark E. Sullivan, American Bar Association. Section of Family Law
American Bar Association, 2006

Because a child inherits the DNA of his or her parents, DNA testing can prove paternity.

“The Canadian GED For Dummies” by Murray Shukyn, Dale E. Shuttleworth
from The Canadian GED For Dummies
by Murray Shukyn, Dale E. Shuttleworth
Wiley, 2010

The need to establish paternity usually arises when the mother wishes her child to receive court-ordered support payment from the alleged father.

“The Study of Law: A Critical Thinking Approach” by Katherine A. Currier, Thomas E. Eimermann
from The Study of Law: A Critical Thinking Approach
by Katherine A. Currier, Thomas E. Eimermann
Wolters Kluwer, 2015

Oktay Kutluk

Kutluk Oktay, MD, FACOG is one of the world's foremost experts in fertility preservation as well as ovarian stimulation and in vitro fertilization for infertility treatments. He developed and performed the world's first ovarian transplantation procedures as well as pioneered new ovarian stimulation protocols for embryo and oocyte freezing for breast and endometrial cancer patients.

Mail: [email protected]
Telephone: +1 (877) 492-3666

Biography: https://medicine.yale.edu/profile/kutluk_oktay/
Bibliography: oktay_bibliography

View all posts

3 comments

Your email address will not be published. Required fields are marked *

  • In Wisconsin a birth certificate does not grant you paternity. I filed for paternity but had to wait months and had my child withheld from me until paternity was established. I believe we should mandate paternal DNA testing at the time of birth. It’s a simple cheek swab that would protect against children being withheld from their fathers.

  • Just to stablish paternity the procedure and cost is crazy. Everyone just cares about the money and not the child. If they care so much about children they should not make it so difficult to stablished paternity. I am about to file later today. I just got done filling out the forms and it took me a while but is totally worth it.

  • Just don’t sign the birth certificate…then and only then can YOU the father dictate how you raise your child, and the 3rd party title iv-d agency can’t profit off of you.