In Pennsylvania, there is a strong presumption of paternity to support family unity, meaning that a child born to a married woman is presumed to be the child of the woman and her husband. This presumption holds if the marriage was intact when paternity is questioned and if the husband has taken on parental responsibilities.
However, if the marriage was not intact when paternity is questioned, this presumption does not apply. It can be disputed by showing that the husband could not have fathered the child due to factors like impotency, sterility, or lack of access to the wife at the time of conception.
When the presumption is rebutted or does not apply, the court will then determine whether the doctrine of paternity estoppel is applicable.
Paternity by Estoppel: Paternity by estoppel, or “equitable paternity,” allows a court to declare a man as the father of a child even if there is no biological connection, provided it serves the child’s best interests and the man has acted as a father and formed a relationship with the child. This doctrine is commonly applied in support cases in Pennsylvania. However, it cannot be used to prevent a biological father from asserting his rights. It can only be used as a “shield” and not a “sword” against the biological father.
In Pennsylvania, blood tests cannot be used to challenge the presumption of paternity; they are only admissible once the presumption has been disproven.
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