In Pennsylvania, paternity laws are designed to preserve family structures while also ensuring the best interests of the child are maintained.
Presumption of Paternity
- A child born to a married woman is presumed to be the child of her husband.
- This presumption cannot be challenged if the marriage was intact when paternity was questioned and the husband has fulfilled parental responsibilities.
- If the marriage was not intact, the presumption can be overcome by demonstrating:
- The alleged father’s inability to procreate (due to impotency or sterility).
- Lack of access to the wife during conception.
Paternity by Estoppel
- This doctrine allows a man to be declared the legal father even if he is not biologically related to the child if:
- He has established a parental role and bond with the child.
- It is in the child’s best interest to maintain that relationship.
- This is commonly used in support actions but cannot be leveraged to block a biological father’s rights. The doctrine serves as a “shield” for maintaining stability, not as a “sword” to exclude a biological parent.
Limitations on Blood Tests
- Blood tests cannot be used to dispute paternity unless the presumption of paternity has already been overcome.
Legal Assistance
For guidance on paternity, custody, or divorce matters, Divorce Lawyer R. Badet offers experienced legal support tailored to each client’s needs. With expertise in family and criminal law, R. Badet provides reliable representation for simple and complex cases. Visit www.lawyersfordivorces.net or call (267) 277-2641 for a free consultation.