Pennsylvania Paternity Law
The question of paternity is a common issue faced by family courts. Pennsylvania has enacted specific laws to deal with issues arising from paternity questions. These laws cover everything from how paternity is determined to what issues the court considers when granting child custody.
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General
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Issues of paternity in Pennsylvania are generally decided in conjunction with issues of custody or child support, though they can also be brought independently to court. Any paternity action in Pennsylvania must be initiated before the child in question reaches her 18th birthday.
Acknowledgement
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If a paternity action is initiated for a child who was born out of wedlock, the purported father can choose to acknowledge that he is that child's father. Once this is accomplished in writing, the court will consider this writing as conclusive evidence establishing paternity and can use this statement as the basis to order custody, support, or any other appropriate action.
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Genetic Testing
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When a paternity case is brought before a Pennsylvania court and the purported father does not acknowledge paternity, the law allows parties to use genetic testing to determine paternity. Any refusal to take the genetic test will result in a court order declaring the alleged father to be the child's father; any test that indicates a 99 percent or higher chance that the purported father is the father will result in an order issued by the court for the purported father to appear and show cause why he should not be declared the father.
Trial
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If the genetic test results in a less than 99 percent probability of paternity, the court can order a trial by jury to determine paternity. Until this hearing resolves the matter, a court can issue temporary orders of custody and or child support if it deems these orders appropriate.
Exclusion
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If the genetic test eliminates the purported father as the child's parent, or if the jury returns a verdict excluding him as the parent, the court will dismiss the paternity suit. This effectively absolves the purported father from any obligation toward the child.
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References
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