Pennsylvania enforces a presumption of paternity to support family stability, stating that a child born to a married woman is presumed to be the offspring of her husband.
Key Points:
- Presumption of Paternity
- This presumption is upheld if the marriage was intact and the husband was acting as a father when paternity was questioned.
- If the marriage was not intact at the time, the presumption can be challenged by proving:
- The alleged father was physically unable to father a child (e.g., impotency or sterility).
- The alleged father lacked access to the wife during the conception period.
- Rebutting the Presumption
- When the presumption is successfully challenged or does not apply, the court evaluates whether paternity by estoppel should be invoked.
- Paternity by Estoppel (Equitable Paternity)
- This legal principle allows the court to establish paternity based on the best interests of the child, even without a biological connection.
- It is applied when a man has assumed the father role and built a relationship with the child.
- However, this doctrine cannot prevent a biological father from asserting his parental rights. It serves as a “shield” to protect established parental bonds rather than as a “sword” against a biological claim.
- Role of Blood Tests
- Blood tests cannot be used to challenge the presumption of paternity unless the presumption has already been rebutted.
For expert legal assistance with paternity, divorce, or family law matters, contact Divorce Lawyer R. Badet at (267) 277-2641 or visit www.lawyersfordivorces.net for a consultation.