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How to Establish Paternity of Your Child

Contributor
By Marissa Black
eHow Contributing Writer
(0 Ratings)

With about one-third children being born to unmarried parents, it is not surprising that the paternity of a child can sometimes be in question. There are a couple different processes that can be used to establish paternity of a child. Establishing paternity is especially important in cases where the parents of the child are no longer a couple. No steps need to be taken to establish paternity of a child born to a married couple.

Difficulty: Moderate
Instructions

Things You'll Need:

  • Affidavit of Paternity
  • Paternity test
  • Attorney
  1. Step 1

    Obtain an Affidavit of Paternity form if both parents agree to the paternity of the child. The hospital can typically provide you with one of these forms upon the birth of your child. You can also request a form from a local child support enforcement agency or the health department.

  2. Step 2

    Complete the form as indicated on the instructions that will accompany the Affidavit of Paternity. Each parent will need someone to witness the signing of the form. In some states, the form will also need to be notarized before it can be submitted.

  3. Step 3

    Send the Affidavit of Paternity to the address listed on the instructions. In most states you can only rescind the paternity papers within 60 days of the date of signature. After that time, it will be nearly impossible to revoke a man's rights and responsibilities as that child's father even if it is later determined that someone else is the child's biological father.

  4. Step 4

    Contact your local Domestic Relations Office for instructions on how to request a paternity test in your local area if you are the mother of a child who's suspected father is unwilling to sign paternity papers. In cases such as this, the family court system can require a father to submit to paternity testing to determine if he is the child's biological father.

  5. Step 5

    Consult with an attorney to help you request that the family court system order paternity testing if you believe you are the father of a child. There might be some cases in which the court will not grant your request for paternity testing. For example, most states presume the husband of a mother to be a child's father unless the mother says otherwise.

Tips & Warnings
  • An Affidavit of Paternity can be filed even after a child is a newborn. In fact, these papers can be filed until the child is 18, 21 or even 23 depending on the state.
  • It is best for the child and both parents not to sign paternity papers unless the paternity of the child is certain. Signing paternity papers provides a father with all rights of parenthood as well as all financial responsibilities of being a parent.
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