In Pennsylvania, paternity is determined through a strong presumption that a child born to a married woman is the child of her husband. This presumption is part of the state’s commitment to preserving family stability. However, there are various factors and legal doctrines to consider when determining paternity, especially in cases where the presumption may be challenged.
Presumption of Paternity:
- Marriage Context: If a child is born to a married woman, the law presumes that the child is the legal child of the woman and her husband, even if the husband is not the biological father. This presumption holds as long as the marriage was intact at the time paternity is questioned and the husband has assumed parental responsibilities.
- Marriage Not Intact: If the marriage was not intact (i.e., there was separation or divorce) at the time paternity is questioned, the presumption of paternity does not apply. In such cases, it may be rebutted if there is proof that the husband was impotent, sterile, or lacked access to the wife at the time of conception.
- Overcoming the Presumption: If the presumption of paternity is rebutted or does not apply, the court will examine whether the doctrine of paternity estoppel should apply.
Paternity by Estoppel:
- Equitable Paternity: In cases where the biological father is in dispute, Pennsylvania courts may apply the doctrine of paternity by estoppel. Under this doctrine, even if a man is not biologically related to a child, he may still be recognized as the father if he has taken on the role of fatherhood and developed a bond with the child.
- Best Interest of the Child: The primary factor considered is the best interest of the child. The court will recognize the man as the father if he has assumed parental responsibilities, such as financially supporting the child, providing care, and having an established relationship with the child.
- Limitations: It’s important to note that paternity by estoppel cannot be used to prevent the biological father from asserting his rights. The doctrine is only a “shield” and cannot be used as a “sword” to block the biological father’s claim to parentage.
Blood Tests in Paternity Cases:
- Rebutting the Presumption: In Pennsylvania, blood tests (DNA testing) cannot be used to rebut the presumption of paternity. Blood tests are allowed only after the presumption has been overcome or if paternity is already in dispute. In such cases, DNA testing can provide crucial evidence in determining the biological father.
Legal Help for Paternity Issues:
Paternity cases can be complex and emotionally charged, especially when they involve issues of custody, support, and the recognition of parental rights. Divorce Lawyer R. Badet has extensive experience in handling family law matters, including paternity cases, child custody, child support, and spousal support. Whether you are seeking to establish paternity or challenge it, an experienced attorney can guide you through the legal process and help ensure the best interests of the child are prioritized.
Visit www.lawyersfordivorces.net for more information about your legal rights and options, or call for a free consultation.
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