Establishing Paternity / Parentage

DNA isn’t enough

Establishing paternity or parentage of a child is when the court determines the legal father or parent of that child. While this may seem like a simple issue (genetic testing), it can actually become quite complicated.

Unwed heterosexual parents

If a mother is not married when she becomes pregnant or gives birth to a child, then the child is considered to be fatherless. If the biological father would like to be established as a legal parent, then he must establish his paternity with the court. Establishing his paternity will allow him to secure visitation or custody; it will also mandate that he pay child support and take on all other financial duties of a parent. It is illegal for a parent to not support their child financially.

Unwed same-sex parents

If, for example, two unmarried women decide to have a child together, then the non-birth mother must establish her parentage. This can be accomplished by proving to the courts that the couple planned to have the child together and raise the child together. This would also be applicable in a same-sex relationship between two men. 

Sometimes, more than two parents are established. In these cases, all parents have legal rights and obligations with regard to their child.