In Pennsylvania, there is a strong presumption of paternity aimed at preserving family unity. Specifically, a child born to a married woman is assumed to be the child of her and her husband. This presumption stands unless the marriage was not intact when paternity is questioned, and the husband must have taken on parental responsibilities.
If the marriage was intact when paternity is questioned, the presumption cannot be challenged. However, if the marriage was not intact, the presumption can be rebutted by demonstrating that the husband was incapable of fathering a child due to issues like impotency, sterility, or lack of access to his wife at the time of conception.
If the presumption is either rebutted or does not apply, the court will then consider whether the doctrine of paternity estoppel should be applied.
Paternity by Estoppel:
Paternity by estoppel, also called “equitable paternity,” allows a court to declare a man as the father of a child, even if he is not biologically related, when it is in the child’s best interest. This typically happens when the man has assumed the role of the father and formed a bond with the child. While Pennsylvania recognizes this doctrine, it is mainly used in the context of support cases. It’s important to note that this doctrine cannot prevent a biological father from asserting his paternity rights. It can only be used to protect the child’s relationship with the man who has acted as the father.
Blood tests cannot be used in Pennsylvania to challenge the presumption of paternity. They can only be introduced once the presumption has been rebutted.
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