Pennsylvania maintains a strong presumption of paternity to support family integrity. Specifically:
- 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 has taken on parental responsibilities.
If the marriage was not intact at the time, the presumption does not apply and can be rebutted. This may involve evidence that the presumed father was unable to procreate due to factors like impotence, sterility, or lack of access to the wife during conception.
If the presumption is rebutted or does not apply, the court may evaluate whether paternity by estoppel is relevant.
Paternity by Estoppel
- Known as equitable paternity, this legal doctrine allows the court to declare a man as the father when it is in the child’s best interests.
- This applies if the man has taken on a fatherly role and developed a bond with the child, regardless of biological ties.
- Paternity by estoppel often arises in support cases and is used to maintain stability for the child.
- However, it cannot be used to block a biological father from asserting his rights. The doctrine serves as a “shield,” not a “sword.”
In Pennsylvania, blood tests cannot challenge paternity if the presumption of paternity is in effect. Such tests are admissible only after the presumption has been overcome.
For tailored legal advice and support in paternity matters, consider consulting Divorce Lawyer R. Badet, a seasoned attorney experienced in family law, including child custody, support, and complex divorce cases.
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