Establishing Paternity

In layman’s language, paternity is essentially being a father or fatherhood. Technically, a father contributes one-half of the genetic makeup of his children. (DNA tests can determine biological paternity.)

If an unmarried couple has a child, state laws do not necessarily recognize the man as the legal, biological father. Establishing paternity is to take legal action to claim fatherhood.

Benefits

With the legal establishment of paternity, a father can now have a social, economic, and emotional tie with his child. By the same token, he can ensure that the child receives the same rights and privileges as other children.

These rights and privileges include inheritance, access to the father’s medical and life insurance benefits as well as that of Social Security and veteran’s benefits.

Relationships

An established paternity will afford the child to develop a relationship with the father. There is now a sense of identity and connection not just with the father but with their father’s family. (Moreover, it is a chance to know the medical history of the father and his family for future references.)

Family name

Just as important as the social and economic benefits is the child’s right to know and form a relationship with both parents. Establishing paternity will now allow the child to have and use the father’s name.

If the child's father or mother decides not to establish paternity, the child will not be entitled to the father's surname, nor will the child receive any benefits.

Acknowledgment of paternity

There are many ways to establish paternity. Paternity acknowledgment is the voluntary process of the unwed father being recognized as the biological father primarily for support purposes.

This is usually signed at the hospital after the child is delivered. When the mother signs the acknowledgment, she verifies she was unwed at the time and that the man is the biological father.

When the father signs too he agrees that he is the biological father of the child and that he shall be responsible for the child’s financial and medical support until adulthood.

Assumed paternity

Some states follow what is known as the Mansfield Rule. In essence, the rule states that if a child is conceived within marriage, the husband is presumed to be the father.

Since this is not always correct, some states have legislation that challenge and rebut this assumption.

Default establishment

Sometimes, paternity in some states is established by default. Conditions vary but essentially if a man does not fulfill certain obligations, he will be named the legal father of the child.

In Illinois, for instance, a man becomes a default father for failing to attend a scheduled interview.

Judicial establishment

This is the judicial process where the alleged father refuses to acknowledge paternity. This process can also be used when a mother does not acknowledge the paternity of a man who believes he is the child’s father.

With the legal recognition of paternity effected by the court, the father is now responsible for the monetary support of the child. The father also has the right to visitation.

Establishing paternity entails a lot of investments from all parties – the father, the mother and sometimes the child (or children) if he or she already understands things. Love should be the operative word.