In Pennsylvania, there is a strong presumption of paternity intended to preserve the family unit. This means that a child born to a married woman is presumed to be the child of both the woman and her husband. This presumption holds as long as the marriage was intact at the time paternity is questioned, and the husband has taken on parental responsibilities.
However, if the marriage was not intact when paternity is questioned, this presumption no longer applies. It can be challenged by proving that the presumed father was unable to father the child due to conditions like impotence, sterility, or lack of access to the wife during conception.
If the presumption of paternity is either rebutted or inapplicable, the court must then consider whether the doctrine of paternity estoppel applies.
Paternity by Estoppel: The doctrine of paternity by estoppel, also known as equitable paternity, allows the court to declare a man as the father of a child, even if he is not the biological father, when it is in the child’s best interest. This typically occurs when the man has acted as the child’s father and formed a bond with the child. In Pennsylvania, this doctrine is often invoked in child support cases. However, it’s important to note that paternity by estoppel cannot be used to prevent a biological father from asserting his rights. It can only be used as a defense (“shield”), not to deny the biological father’s rights (“sword”).
Blood tests cannot be used to challenge the presumption of paternity in Pennsylvania, though they may be used after the presumption is disproven.
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