Pennsylvania upholds a strong presumption of paternity to promote family stability, meaning that a child born to a married woman is presumed 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 it is shown that the husband could not have fathered the child due to impotency, sterility, or lack of access to his wife during conception. If the presumption of paternity is disproven or does not apply, the court will then assess whether the doctrine of paternity by estoppel is relevant.
Paternity by Estoppel:
The doctrine of paternity by estoppel, also referred to as “equitable paternity,” allows a court to declare a man the legal father of a child even if he is not biologically related to the child, if it is in the child’s best interest and the man has assumed the role of fatherhood. This doctrine is typically used in child support cases. It is important to note that while Pennsylvania courts allow paternity by estoppel as a “shield” to protect the child and the man who has been acting as the father, it cannot be used to prevent a biological father from asserting his paternity rights.
In Pennsylvania, blood tests cannot be used to challenge the presumption of paternity unless this presumption is first rebutted.
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