• Pennsylvania has a strong presumption of paternity aimed at family preservation, (i.e., a child born to a married woman is the child of that woman and her husband).
o This presumption cannot be rebutted if the marriage was intact at the time paternity is questioned and the husband has assumed parental responsibilities.
• If the marriage was not intact at the time paternity is questioned, then the presumption does not apply, and it may be overcome by showing that the presumptive father was unable to procreate because of impotency, sterility, or lack of access to the wife at the time of conception, and
• If the presumption of paternity has been rebutted or is inapplicable, the court must then look to see if the doctrine of paternity estoppels applies.
Paternity by estoppel:
• Under the paternity by estoppel doctrine, also known as a “equitable paternity,” the court may declare paternity of a child regardless of whether the man and the child are biologically related, when it is in the best interests of the child and when the man has taken on the role of fatherhood and has established a bond with the child. Paternity by estoppel, which is recognized in Pennsylvania, is normally seen in the context of a support action. It is important to note, however, that Pennsylvania courts will not permit paternity by estoppel to be used as a sword and prevent a biological father from asserting his rights. This doctrine can only be used as a “shield” and not as a “sword” against a biological father.
Blood tests cannot be used in Pennsylvania to rebut the presumption of paternity. They can only be introduced after the presumption is overcome.
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