In Pennsylvania, there is a strong presumption of paternity intended to support family unity. A child born to a married woman is presumed to be the child of her and her husband. This presumption stands if the marriage is intact when paternity is questioned and the husband has taken on parental responsibilities.
If the marriage was not intact at the time paternity is disputed, this presumption does not apply. In such cases, it can be challenged by proving the presumed father was incapable of fathering a child due to impotency, sterility, or lack of access to the wife at the time of conception.
When the presumption of paternity is contested or does not apply, the court will then consider whether the doctrine of paternity by estoppel is relevant.
Paternity by Estoppel:
Under the paternity by estoppel doctrine, sometimes referred to as “equitable paternity,” a court may establish paternity, even if the man is not biologically related to the child, if it serves the child’s best interests and the man has acted as a father and developed a bond with the child. This is typically applied in support cases. However, Pennsylvania courts do not allow paternity by estoppel to prevent a biological father from asserting his rights. This doctrine can only serve as a “shield” for the presumed father, not as a “sword” against the biological father.
In Pennsylvania, blood tests cannot be used to challenge the presumption of paternity directly; they can only be introduced after the presumption is disputed.
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