Establishing Paternity in PA
In Pennsylvania, there is a distinction between a legal father and a biological father. In most cases, they are the same person. When a couple is married at the time of the child’s birth, the husband is considered the legal father, and his name appears on the birth certificate as the father of the child. However, when the couple is not married, both legal and biological fatherhood need to be determined. Here in Bucks County, I help individuals with paternity issues.
Establishing paternity is important in order for parents and children to receive certain rights. For instance, a father who is not married to the mother of a child may not be able to have access to the child or have any say in decisions affecting the child. Conversely, a mother cannot expect child support from a father who has not been legally declared the father.
How to establish paternity voluntarily
When both mother and father agree on the paternity of the child, and they are not married at the time of the child’s birth, both must sign Form PA-CS 611, “Voluntary Acknowledgment of Paternity” (VAP) in front of a witness, which can be anyone over 18 other than the mother or father.
The form, often signed at the hospital when the baby is born, is sent to the Department of Public Welfare (DPW). Once filed, the father’s name appears on the birth certificate and the father will be conferred all rights and responsibilities for that child. He is now the legal father.
If a father signs a VAP but the mother does not, DPW will file it as a “claim of paternity” and inform the man of any adoption proceedings. However, if he wants to have rights over the child, he will have to go to court to establish paternity and become the legal father “involuntarily.”
How to establish paternity involuntarily
Establishing paternity through the courts is considered involuntary because one party disputes or refuses to acknowledge paternity. A father would file a “Petition to Determine Paternity” in family court in order to establish paternal rights, such as visitation. A mother would file a “Complaint for Child Support” in family court in order to establish paternal responsibility, such as child support.
If either person disputes paternity, the court will usually order genetic testing of the man and the child. If biological fatherhood is determined, the court will issue an “order of paternity.” This will make the man the legal father and confer upon him all rights and responsibilities of fatherhood under the law. His name will then be added to the child’s birth certificate.
Getting help for the process
While it may sound simple, filing in court and responding to all the demands of the court can be daunting, especially if a person is already under stress. As experts in family law, we can help you successfully navigate the family court system. Whether you are the father or the mother, contact us today at (215) 345-5259 for a free consultation to see how we can help you.