Establishing Paternity in Indiana

For a child born outside marriage, the mother and the man who reasonably appears to be the father may sign a paternity affidavit on the state health department form, either at the hospital within 72 hours after the birth or later at a local health department before the child reaches the age of emancipation. The affidavit establishes paternity and the father's rights and duties, including child support and parenting time, and may provide for joint legal custody if both parents check that box. Within 60 days of signing, the man may file a court action asking for genetic testing; after 60 days, the affidavit can be rescinded only if a court finds fraud, duress or material mistake of fact and a court-ordered genetic test excludes him. In a court paternity case, the court must order genetic testing on any party's motion.