In Pennsylvania, there is a strong presumption of paternity that favors family unity. Specifically, a child born to a married woman is assumed to be the child of both the woman and her husband. This presumption stands unless the marriage was not intact at the time the paternity is questioned and the husband has not assumed parental duties. In cases where the marriage was intact and the husband has acted as the father, this presumption cannot be challenged.
If the marriage was not intact, the presumption can be contested by proving that the husband was impotent, sterile, or had no access to the wife during the time of conception. If the presumption is successfully rebutted or does not apply, the court will then consider whether the doctrine of paternity by estoppel is relevant.
Paternity by Estoppel: The doctrine of paternity by estoppel, also known as “equitable paternity,” allows a court to establish a man’s paternity, even if he is not biologically related to the child, when it serves the child’s best interests. This doctrine applies when the man has taken on the role of father and developed a bond with the child. In Pennsylvania, paternity by estoppel is often applied in support cases. However, it cannot be used to prevent a biological father from asserting his rights. This principle is a “shield” to protect the child’s relationship with a father figure, not a “sword” to block the biological father.
In Pennsylvania, blood tests cannot be used to challenge the presumption of paternity. They may only be introduced after this presumption has been successfully rebutted.
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