Pennsylvania law strongly presumes that a child born to a married woman is the legal child of her husband. This presumption reflects the state’s preference for maintaining family unity.
- Presumption of Paternity
- The presumption cannot be rebutted when the marriage is intact at the time the question of paternity arises, and the husband has taken on parental duties.
- If the marriage was not intact, the presumption may be overcome by demonstrating that the husband could not be the father due to impotence, sterility, or lack of access during the relevant time.
- Paternity by Estoppel
- If the presumption is rebutted or inapplicable, courts examine whether paternity by estoppel applies.
- Under this doctrine, a man may be deemed the legal father—even without a biological link—if he has acted in the capacity of a father and formed a parental bond with the child, making it the child’s best interest to recognize him as the father.
- In Pennsylvania, paternity by estoppel is commonly invoked in child support actions. However, courts will not allow it to be misused to exclude a biological father from asserting his rights; rather, it serves as a shield, not a sword, to protect a child’s established parental relationship.
- Blood Tests
- In Pennsylvania, blood tests are not admissible to rebut the presumption of paternity. Such tests may only be introduced after the presumption has been overcome.
Divorce Lawyer R. Badet
Divorce Lawyer R. Badet handles both straightforward and more challenging divorce matters, as well as spousal support, child support, and custody issues. He brings extensive experience to each client’s case and offers informed guidance. To learn more, visit www.lawyersfordivorces.net or call for a free consultation.
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