Paternity Laws in Pennsylvania

Paternity laws in Pennsylvania are designed to protect family stability while ensuring that biological and legal fatherhood are properly established.

1. Presumption of Paternity in Pennsylvania

Pennsylvania follows a strong presumption of paternity to preserve family unity.

✅ If a child is born to a married woman, the child is presumed to be the biological child of her husband.

  • This presumption cannot be rebutted if:
    • The marriage was intact at the time of questioning paternity.
    • The husband assumed parental responsibilities for the child.

✅ When the presumption does not apply:

  • If the marriage was not intact when paternity was questioned, the presumption can be rebutted by proving:
    • The husband was impotent or sterile.
    • The husband did not have access to his wife during the time of conception.

✅ Blood Tests and Paternity Disputes

  • Blood tests CANNOT be used to rebut the presumption of paternity.
  • Blood tests are only allowed if the presumption is first overcome.

2. Paternity by Estoppel

Pennsylvania recognizes paternity by estoppel, also known as equitable paternity.

✅ What is Paternity by Estoppel?

  • If a man has taken on the role of a father and established a bond with the child, the court may declare him the legal father—even if he is not biologically related.
  • This is typically applied in child support cases to ensure financial responsibility for the child.

🚫 Limitations of Paternity by Estoppel

  • The doctrine cannot be used to block a biological father from asserting his parental rights.
  • It serves as a “shield” rather than a “sword”, meaning it protects an established father-child relationship but cannot be used to prevent a biological father from claiming paternity.

3. Establishing Paternity in Pennsylvania

If there is no presumption or estoppel, paternity can be established through:

✅ Voluntary Acknowledgment of Paternity (VAP)

  • If both parents agree, they can sign a Voluntary Acknowledgment of Paternity form.

✅ Court-Ordered Paternity Test

  • If paternity is disputed, the court may order genetic testing, but only after overcoming any existing presumption.

✅ Filing a Paternity Action

  • A paternity case can be initiated by:
    • The mother
    • The presumed father
    • The biological father
    • The child (through a guardian)

Legal Help for Paternity Disputes in Pennsylvania

Attorney R. Badet is an experienced family law attorney who handles paternity cases, child support disputes, and parental rights cases. If you need assistance in establishing or contesting paternity, contact him for expert legal guidance.

📞 Call (267) 277-2641 for a free consultation!
🔗 Visit: www.lawyersfordivorces.net

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If you need help with paternity rights, child support, or parental responsibilities, contact Attorney R. Badet today for expert legal assistance.