In most states an unmarried man does not automatically have any parental rights or responsibilities over a child which may be his until his paternity is established.  This includes custody, visitation or a requirement to pay child support.  Because establishing paternity is a serious action you should contact an attorney.  Establishing a child’s paternity will enable that child to get support from both parents.

OPTION 1 - Enter Father's Name on the Birth Certificate
In most states if the father is present at the birth he may acknowledge paternity by signing the birth certificate or by allowing his name to be placed on it.   Some states allow for signing the birth certificate for a limited time after the birth.

OPTION 2 – Attest to Paternity
Some states require a formal affidavit by the father attesting to his paternity if the father was not present during the birth.  Because affidavits normally require specific language you should contact an attorney to help write yours.  Once the affidavit is completed all parties should sign it before a notary and have the notary stamp the document.  Once it is notarized it may be filed with your state’s agency that handles birth records.

OPTION 3 – DNA Testing
Paternity may be established through a DNA test. Federal legislation requires every state to grant their child support agencies the authority to order parties to submit to genetic testing.  State agencies must make genetic testing available upon request of any party in a paternity case, pay for testing in some cases, and affirm that test results create a presumption of paternity.  This means that the presumptive father must raise more than a reasonable doubt that he is not the father if the DNA test is positive.

OPTION 4 – Paternity Actions
Even if a DNA result is positive, if the biological father refuses to acknowledge paternity, a court action must usually be filed to legally establish him as the child's father.   A judge will look at the DNA test along with any other evidence before issuing a paternity order.  To initiate the paternity action you must file a paternity complaint with the appropriate court.  Your state may handle paternity actions in a general trial court or you may be required, if you state has it, to file in Family Court.  If you have not contacted an attorney you should do so to help prepare your court filing.

When the complaint is filed most states require three or more copies of the complaint and summons, a summons is a court order requiring a party to answer a complaint and appear before the court.  The clerk will stamp all of your copies and give you back at least two, one for yourself and one for service on the other party.  Copies must be served to the father and proof of service returned to the court. 

If your child’s father will not acknowledge his paternity you should consult with an attorney.  Having a father for your child is so important that the law requires that fathers provide financial support to their children once paternity has been established.  Your attorney can help you with the steps required, and also act to enforce a support order if the father will still not provide support.

Family Law Sub-categories