Establishing Paternity in Pennsylvania
How paternity is established in Pennsylvania: the voluntary acknowledgment form, court orders, genetic testing and deadlines.
Short answer: The father of a child born to an unmarried woman may sign an acknowledgment of paternity, with the mother's witnessed consent, on forms of the Department of Public Welfare and file it with that department; 23 Pa.C.S. §§ 5103, 5104
| Establishing paternity | The father of a child born to an unmarried woman may sign an acknowledgment of paternity, with the mother's witnessed consent, on forms of the Department of Public Welfare and file it with that department; hospitals must offer the form at birth. A signed, witnessed acknowledgment is a legal finding of paternity, but any signer may rescind within the earlier of 60 days or the date of an administrative or court proceeding about the child (such as a support conference) in which the signer is a party. After 60 days, it can be challenged in court only for fraud, duress or material mistake of fact, proved by clear and convincing evidence. If the mother does not join, the filing is indexed as a claim of paternity. In court cases, the court must order the mother, child and alleged father to submit to blood (genetic) tests on a party's timely motion. Source: 23 Pa.C.S. §§ 5103, 5104 |
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Where to get help in Pennsylvania
More Pennsylvania divorce & family law
- Getting a Marriage License in Pennsylvania
- Adopting a Child in Pennsylvania
- Guardianship of a Child or Adult in Pennsylvania
- Changing Your Name in Pennsylvania
- Child Custody Laws in Pennsylvania
- How Child Support Is Calculated in Pennsylvania
- Divorce Records in Pennsylvania
- Alimony and Spousal Support in Pennsylvania
- How to File for Divorce in Pennsylvania
- Legal Separation and Annulment in Pennsylvania
- All Pennsylvania divorce & family law rules
FAQ
How do you establish paternity in Pennsylvania?
The father of a child born to an unmarried woman may sign an acknowledgment of paternity, with the mother's witnessed consent, on forms of the Department of Public Welfare and file it with that department; hospitals must offer the form at birth. A signed, witnessed acknowledgment is a legal finding of paternity, but any signer may rescind within the earlier of 60 days or the date of an administrative or court proceeding about the child (such as a support conference) in which the signer is a party. After 60 days, it can be challenged in court only for fraud, duress or material mistake of fact, proved by clear and convincing evidence. If the mother does not join, the filing is indexed as a claim of paternity. In court cases, the court must order the mother, child and alleged father to submit to blood (genetic) tests on a party's timely motion.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.