- Presumption of Paternity:
Pennsylvania strongly presumes that a child born to a married woman is the biological child of her husband. - This presumption cannot be contested if the marriage was intact at the time of the paternity question and the husband has taken on parental responsibilities.
- If the marriage was not intact, the presumption can be challenged by proving the husband’s inability to procreate (due to sterility, impotency) or lack of access to the wife at conception.
- Rebutting the Presumption:
If the presumption of paternity is overturned or deemed inapplicable, the court will consider whether the doctrine of paternity by estoppel applies. - Paternity by Estoppel:
Under this doctrine, the court may establish paternity for a man who has acted as a father and formed a bond with the child, even if there is no biological relationship. - This applies when it serves the child’s best interests and is often invoked in support cases.
- However, Pennsylvania courts will not allow this doctrine to block a biological father from asserting rights. It can only shield, not harm, the biological father.
- Role of Blood Tests:
Blood tests cannot be used to rebut paternity under the presumption but may be admitted once the presumption is overcome.
For legal support with paternity issues, contact an experienced attorney like Divorce Lawyer R. Badet. Visit his website or call for a consultation to understand your rights and options.