Paternity issues in Pennsylvania are governed by strong legal presumptions and doctrines designed to protect family integrity. Here’s an overview of the key principles:
Presumption of Paternity
In Pennsylvania, there is a strong presumption of paternity aimed at preserving family stability. This means that if a child is born to a married woman, her husband is presumed to be the biological father of that child.
- This presumption cannot be rebutted if the marriage was intact at the time the paternity is questioned, and the husband has assumed the parental responsibilities for the child.
- If the marriage was not intact (for example, if the couple was separated at the time the child was conceived), this presumption does not apply, and the court may allow it to be challenged by demonstrating that the husband was either sterile, impotent, or had no access to the wife at the time of conception.
Paternity by Estoppel (Equitable Paternity)
If the presumption of paternity has been rebutted or is inapplicable, Pennsylvania law provides an additional option known as paternity by estoppel, or equitable paternity.
- Paternity by estoppel allows a man to be declared the father of a child, even if there is no biological connection, when it is in the best interests of the child. This typically happens when the man has assumed the role of fatherhood and has established a meaningful bond with the child.
- This doctrine is primarily invoked in support actions. For example, if a man has been raising the child, providing financial support, and has acted as a father, he could be estopped from denying paternity, even if biological evidence proves otherwise.
- Importantly, paternity by estoppel cannot be used as a “sword” to prevent a biological father from asserting his paternity. It can only be used as a “shield” to prevent a man who has acted as the child’s father from denying his parental responsibilities.
Blood Tests and Paternity Presumption
In Pennsylvania, blood tests cannot be used to rebut the presumption of paternity during divorce or family disputes. They may only be introduced after the presumption is overcome or if paternity by estoppel does not apply.
Role of Divorce Lawyer R. Badet
Paternity disputes can be complex and emotionally charged. Divorce Lawyer R. Badet is highly experienced in handling paternity cases, including those that involve issues of equitable paternity and marital presumption. His practice covers all aspects of family law, including child support, child custody, and spousal support.
Whether you are dealing with a straightforward paternity issue or a more complex situation involving paternity by estoppel, R. Badet’s extensive knowledge and litigation experience can help you navigate the process and achieve the best outcome for your case.
For a free consultation, visit www.lawyersfordivorces.net or call Divorce Lawyer R. Badet to get the legal support you need.
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