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Posts tagged "paternity"

Paternity Fraud

Establishing paternity can be as simple as the father executing a voluntary acknowledgment of paternity form. The acknowledgment indicates the father is waiving his rights to any genetic testing or trial on the issue of paternity. An acknowledgment acts as conclusive evidence that the person who signed the acknowledgment is in fact the father of any subject child(ren). Once an acknowledgment of paternity is signed, it is very difficult for a father to then try to allege the child is not his. 23 Pa. C.S. Section 5103(g) discusses grounds for rescission of an acknowledgment. It can be revoked within the first sixty (60) days of signature. After 60 days, it can only be rescinded by court order following a hearing. A hearing can be requested by filing a Petition with the court.

Paternity Fraud

Establishing paternity can be as simple as the father executing a voluntary acknowledgment of paternity form. The acknowledgment indicates the father is waiving his rights to any genetic testing or trial on the issue of paternity. An acknowledgment acts as conclusive evidence that the person who signed the acknowledgment is in fact the father of any subject child(ren). Once an acknowledgment of paternity is signed, it is very difficult for a father to then try to allege the child is not his. 23 Pa. C.S. Section 5103(g) discusses grounds for rescission of an acknowledgment. It can be revoked within the first sixty (60) days of signature. After 60 days, it can only be rescinded by court order following a hearing. A hearing can be requested by filing a Petition with the court.

Presumption of Paternity

A presumption of paternity arises where a child is born into an intact marriage. In that circumstance, absent clear and convincing evidence to the contrary, the husband will be deemed to be the father. Paternity by estoppel acts to impose an obligation on the party who holds themselves out as a father to the child and supports the child to continue to support the child.

Putative Father Registry

A putative father is a man whose legal relationship to a child has not yet been established. This may occur in a situation where the Mother of a child is not married and she alleges someone as the father or the man believes he is the father. Pennsylvania maintains a registry of putative fathers for the purpose of giving a man in such a position notice prior to any termination proceedings. Unmarried parties can agree to execute an acknowledgement of paternity to confirm the legal relationship. This acknowledgment is then submitted to the Department of Vital Records to update the birth records. If the parties are not agreeable to execute the acknowledgement, the alternative course of action is to file a petition for genetic testing. 

Paternity by Estoppel

A presumption of paternity arises where a child is born into an intact marriage. In that circumstance, absent clear and convincing evidence to the contrary, the husband will be deemed to be the father. However, even in the absence of a biological connection, paternity may be established. Paternity by estoppel acts to impose an obligation on the party who holds themselves out as a father to the child and supports the child to continue to support the child. The Pennsylvania Supreme Court has held that the purpose of paternity by estoppel is to keep families intact and protect the best interest of the child by shielding them from claims of illegitimacy and, potentially, a broken family.

Disestablishing Paternity

It is difficult to avoid the obligations that come with parenting a child. Paternity can be established in a number of ways including by acknowledgment, by genetic testing, or by estoppel. Once an acknowledgment of paternity is signed, it is very difficult for a father to then try to allege the child is not his. An acknowledgment acts as conclusive evidence that the person who signed the acknowledgment is in fact the father of any subject child(ren). A court order on paternity will follow if the genetic test results indicate 99% probability of paternity. Paternity by estoppel recognizes a man as the father based on his role in the child's life rather than the biological connection. 

Contested Paternity Case

The current statute relating to paternity is 23 Pa.C.S. ยง4343. As it relates to testing to determine paternity, the statute provides: (c) Genetic Tests. (1) Upon the request of any party to an action to establish paternity, supported by a sworn statement from the party, the court or domestic relations section shall require the child and the parties to submit to genetic tests. The domestic relations section shall obtain an additional genetic test upon the request and advance payment by any party who contests the initial test. Tests results alone are not sufficient to establish paternity. Instead, the parties must stipulate in writing that the test results prove paternity or the court must make an order on paternity after reviewing the test results.

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