Paternity in Pennsylvania
- Presumption of Paternity
Pennsylvania law strongly presumes that a child born to a married woman is the legal child of that woman and her husband. This presumption is designed to preserve family integrity. - If the marriage was intact when paternity was challenged and the husband had assumed fatherly duties, this presumption cannot be rebutted.
- Rebutting the Presumption
If the marriage was not intact at the time paternity is questioned, it may be possible to overcome the presumption by showing one of the following:
- The presumed father was physically incapable of fathering a child (impotent or sterile).
- The presumed father had no access to the mother during the relevant time of conception.
- Paternity by Estoppel
Once the presumption of paternity is rebutted or deemed inapplicable, courts consider whether the paternity by estoppel doctrine applies. Also called “equitable paternity,” this principle can confirm a man’s legal fatherhood even if he is not the biological parent, provided:
- It serves the child’s best interests, and
- The man has acted as a father and formed a meaningful bond with the child. Paternity by estoppel typically appears in child support actions. Pennsylvania law restricts its use to protect the child’s interests; it cannot be used to block a biological father’s rights. In other words, it serves as a “shield” rather than a “sword.”
- Blood Tests
In Pennsylvania, blood tests cannot be used to refute paternity unless the presumption has already been overcome. In other words, they are only admissible if the presumption doesn’t apply or has been set aside.
About Divorce Lawyer R. Badet
Divorce Lawyer R. Badet has extensive experience assisting clients through every phase of the divorce process, from straightforward matters to complex issues involving spousal support, child support, and custody. With in-depth knowledge of both Family Law and Criminal Law, he advocates for the best outcomes for his clients. Learn more about your legal rights and options at www.lawyersfordivorces.net, or call for a free consultation. He is a respected and seasoned litigator who strives to achieve favorable results in each case.
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