In Pennsylvania, there is a strong presumption of paternity that is designed to protect family stability. This presumption states that a child born to a married woman is assumed to be the child of that woman and her husband. This is crucial for preserving the family unit and ensuring that the child has a clear legal relationship with the father.
However, there are specific circumstances where this presumption can be rebutted:
- Marriage is intact: If the marriage is intact at the time paternity is questioned and the husband has assumed parental responsibilities, the presumption cannot be rebutted.
- Marriage is not intact: If the marriage is no longer intact when paternity is questioned, the presumption may not apply. It can be rebutted by showing that the presumptive father could not have fathered the child due to factors like impotence, sterility, or a lack of access to the wife at the time of conception.
When the presumption of paternity is either rebutted or not applicable, the court will then evaluate whether the doctrine of paternity by estoppel applies.
Paternity by Estoppel:
This doctrine, also known as equitable paternity, allows the court to declare paternity of a child, even if the man is not the biological father, when it is in the best interest of the child. If a man has assumed the role of the father, taken on parental responsibilities, and established a bond with the child, he may be recognized as the legal father under paternity by estoppel. This is often applied in the context of a child support action.
It is important to note that paternity by estoppel cannot be used as a “sword” to prevent a biological father from asserting his rights. Rather, it is used only as a “shield” to protect the child and the man who has established a father-child relationship.
Blood Tests:
In Pennsylvania, blood tests are not allowed to rebut the presumption of paternity. They can only be introduced after the presumption has been overcome or if paternity is disputed.
If you are involved in a paternity case or any legal issues related to family law, Divorce Lawyer R. Badet has extensive experience in handling complex family law matters, including paternity disputes, divorce, child custody, and support. To get the best possible outcome for your situation, visit his website at www.lawyersfordivorces.net or call for a free consultation. With his vast experience and knowledge, R. Badet is dedicated to representing clients effectively in both family law and criminal law matters.
For more information about your rights, contact Divorce Lawyer R. Badet today!