Presumption of Paternity
- Pennsylvania strongly presumes paternity to preserve family integrity. This means that a child born to a married woman is presumed to be the child of her husband.
- This presumption cannot be challenged if the marriage was intact when paternity was questioned, and the husband fulfilled parental responsibilities.
- If the marriage was not intact at the time, the presumption can be overcome by proving the presumed father was unable to father children (e.g., due to impotency, sterility) or had no access to the wife during conception.
Paternity by Estoppel
- The doctrine of paternity by estoppel, also known as “equitable paternity,” allows the court to declare a man as the child’s legal father regardless of biological ties if it is in the best interest of the child.
- This typically applies when the man has acted as the father and established a strong relationship with the child, often in the context of child support cases.
- Paternity by estoppel cannot be used to block a biological father from asserting his rights. It serves only as a “shield,” not a “sword.”
Use of Blood Tests
- Blood tests cannot be used to rebut the presumption of paternity in Pennsylvania unless the presumption has already been overcome. These tests may only be introduced after that step is completed.
Legal Support
Establishing or contesting paternity can have significant implications for parental rights, custody, and child support. Legal guidance ensures a fair and thorough process.
Divorce Lawyer R. Badet is an experienced attorney specializing in family law matters, including paternity, child custody, and divorce. For personalized legal advice, contact:
- Phone: (267) 277-2641
- Website: www.lawyersfordivorces.net
- Special Offer: Affordable consent divorces for $599, completed in 60 days. Free consultations available.
Ensure your parental rights and responsibilities are properly represented with an experienced legal professional.