Paternity laws in Pennsylvania are structured to prioritize family stability and the best interests of the child. These principles guide the determination of legal paternity, even in complex circumstances.
Presumption of Paternity
Pennsylvania law strongly presumes that a child born to a married woman is the biological child of her husband. This presumption is designed to preserve family integrity.
- Irrebuttable Presumption: If the marriage was intact when paternity was questioned and the husband assumed parental responsibilities, the presumption cannot be challenged.
- Rebuttable Presumption: If the marriage was not intact at the time paternity is questioned, the presumption may be rebutted by proving:
- The husband was unable to conceive due to impotency or sterility.
- The husband lacked access to the wife during the time of conception.
Paternity Estoppel
In situations where the presumption of paternity is rebutted or does not apply, the court considers paternity by estoppel.
- Definition: Paternity estoppel, or “equitable paternity,” applies when a man has taken on the role of fatherhood and established a significant bond with the child.
- Best Interests of the Child: The court may declare a man to be the legal father regardless of biological connection, provided it aligns with the child’s best interests.
- Limitations:
- Paternity estoppel cannot be used to block a biological father from asserting his rights.
- This doctrine serves as a protective “shield” for the child’s welfare, not a “sword” against a biological father.
Use of Blood Tests
- Blood tests cannot be used in Pennsylvania to challenge the presumption of paternity.
- Such tests are admissible only after the presumption is successfully rebutted.
Legal Guidance
Navigating paternity disputes can be emotionally and legally complex. Divorce Lawyer R. Badet has extensive experience in family law, including paternity, child support, and custody matters.
Visit www.lawyersfordivorces.net or call 267-277-2641 for a free consultation to discuss your case.
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