Pennsylvania upholds a strong presumption of paternity, supporting the idea of preserving the family unit. For instance, a child born to a married woman is presumed to be the child of the woman and her husband. This presumption holds if the marriage was intact when paternity was questioned and if the husband has taken on parental responsibilities.
However, if the marriage was not intact at the time paternity is in question, the presumption does not apply. In such cases, it can be challenged by proving that the husband could not have fathered the child due to impotency, sterility, or lack of access to the wife at the time of conception.
If the presumption of paternity is rebutted or does not apply, the court will then examine whether the doctrine of paternity estoppel applies.
Paternity by Estoppel:
The doctrine of paternity by estoppel, also referred to as “equitable paternity,” allows the court to establish paternity even if the man is not biologically related to the child, provided it is in the child’s best interests and the man has assumed the role of father, forming a bond with the child. Paternity by estoppel, recognized in Pennsylvania, is typically invoked in support actions. It’s crucial to note that this doctrine cannot be used to prevent a biological father from asserting his parental rights. It serves only as a “shield” to protect against claims and cannot be used as a “sword” to block the biological father’s rights.
In Pennsylvania, blood tests cannot challenge the presumption of paternity initially. They can only be introduced after the presumption has been legally overcome.
Divorce Lawyer R. Badet
Divorce Lawyer R. Badet is an experienced attorney dedicated to assisting clients through every stage of the divorce process, including complex cases, spousal support, child support, and child custody. With his in-depth knowledge and experience, he works to achieve the best possible outcomes for clients. For more information on your legal rights and options, visit his website at www.lawyersfordivorces.net or call for a free consultation. With years of experience in both Family Law and Criminal Law, he is a highly respected and skilled attorney who offers comprehensive legal representation.