- Presumption of Paternity
- When a child is born to a married woman, Pennsylvania law presumes the husband to be the child’s father—aimed at maintaining family stability.
- This presumption cannot be challenged if the marriage was intact when paternity was questioned and the husband had been fulfilling parental roles.
- Rebutting the Presumption
- If the marriage was no longer intact, the presumption does not apply.
- A husband may overcome the presumption by proving circumstances such as impotence, sterility, or lack of access to his wife during the time the child was conceived.
- Paternity by Estoppel
- If the presumption of paternity is either overcome or does not apply, a court may still enforce paternity by estoppel (also called “equitable paternity”).
- This doctrine may establish paternity—even without biological ties—if the man has acted as the child’s father and a bond exists in the child’s best interests.
- Pennsylvania does not allow paternity by estoppel to be used to block a biological father from asserting his own rights; it serves only as a protective measure (“shield”) and not a way to exclude the true father (“sword”).
- Blood Tests
- Blood tests cannot be used to challenge the presumption of paternity unless that presumption has already been overcome.
About Divorce Lawyer R. Badet
Divorce Lawyer R. Badet is committed to helping clients navigate all aspects of divorce, including spousal support, child support, and child custody. Backed by extensive experience in both Family Law and Criminal Law, he diligently seeks the best possible results.
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