Pennsylvania upholds a strong presumption of paternity to support family unity, meaning that a child born to a married woman is presumed to be the child of her husband. This presumption remains intact if the marriage was stable when paternity is questioned, and the husband has taken on parental responsibilities. However, if the marriage was not intact when paternity is challenged, the presumption can be contested. In such cases, evidence that the husband was unable to father the child—due to issues like impotency, sterility, or lack of access to the wife at the time of conception—can overcome the presumption.
If the presumption of paternity is rebutted or does not apply, the court will then consider whether the doctrine of paternity by estoppel applies.
Paternity by Estoppel:
Paternity by estoppel, also known as “equitable paternity,” allows the court to recognize a man as the father of a child, even if he is not the biological parent, when it is in the child’s best interest. This typically occurs when the man has acted as the father and formed a bond with the child. In Pennsylvania, paternity by estoppel is generally applied in support cases. However, it is important to note that the courts will not allow this doctrine to prevent a biological father from asserting his parental rights. It serves only as a protective measure (“shield”) for the child, not to deny the biological father’s claim (“sword”).
Blood tests cannot be used in Pennsylvania to challenge the presumption of paternity; they can only be introduced once the presumption has been successfully disputed.
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