For various reasons, parents may need to establish paternity of their child. Here is some basic information and key terms to help you out:
What is Paternity?
Paternity is the legal establishment or the acknowledgment of the relationship of a father or mother to his or her child. While the identity of a child’s biological mother is usually easy to establish, the father’s or second parent’s identity may be more difficult to determine, which is why a family law attorney is helpful.
For married parents, the husband is typically assumed to be the child’s legal father. For parents who were not married at the time the woman got pregnant or when the child is born, the child may have a biological father but does not have a legal father until parentage is legally established. Unwed mothers will be asked to provide the name of the birth father when the birth certificate paperwork is being completed at the hospital. However, unless the father is present at the hospital and signs a “declaration of paternity” the father’s name will not appear on the child’s birth certificate.
When and why should paternity be established?
Paternity should be established before birth, at the time of birth or as soon as possible afterward. It is relatively easy to establish paternity at the time of birth at the hospital when the birth certificate information is being taken, and establishing parentage at that time helps the parents to avoid future court processes and fees as well as fees from the family law attorney.
Establishing paternity before or at the time of a child’s birth ensures security and protection of legal rights for the child. Paternity issues often arise in cases involving child support, but they can also be important in relation to adoption, inheritance, custody and visitation, health insurance, social security and other issues. For example, if the father should die before paternity is established, then the child may lose rights to his life insurance proceeds or forever be barred from collecting the father’s social security or veteran benefits. In addition to all of this, the Court will not make any orders related to child custody, visitation or support until the parentage is legally established. So, for many reasons, it is important to establish this relationship.
What does it mean to be a “presumed parent”?
The law will presume a person is a child’s other parent, with all of the rights and responsibilities, when certain circumstances exist. These presumptions that apply to married couples also apply to those who entered into a registered domestic partnership after January 2005, but again, be sure to check the laws on these matters since they are constantly evolving and are complicated. Hence, it is probably best to consult with a family law attorney. According to the website of the California Administrative Office of the Courts, these are some of the circumstances where a man is presumed to be a child’s father.
What is a declaration of paternity (DOP)?
This is a form the parents voluntarily sign to acknowledging the legal father of the child. It is a legal form that may be signed in the hospital when the child is born or afterwards. The signing of this form by both parents will establish the father–child relationship without having to go to court. When the DOP form is signed at the hospital, staff in the hospital shall witness the signatures of parents signing a voluntary declaration of paternity and shall forward the signed declaration to the Department of Child Support Services within 20 days of the date the declaration was signed.
A copy of the declaration shall be made available to each of the attesting parents. Unmarried parents who sign the acknowledgment of paternity form help their child gain the same rights and privileges of a child born within a marriage.
These rights may include financial support from both parents, access to important family medical records, access to the noncustodial parent’s medical benefits, and the emotional benefit of knowing the identity of both parents. A voluntary declaration of paternity shall be recognized as the basis for the establishment of an order for child custody and visitation or support.
For more key issues and information about paternity and family law, visit the San Diego County Bar Association website.
This information is for educational purposes only and is not intended to provide legal counsel or serve as legal advice. If you have a family law matter, it is best to consult the advice of an attorney. You can get referred to an attorney for a free 30-minute consultation through the San Diego County Bar’s Lawyer Referral & Information Service at www.sdcba.org/ineedalawyer or by calling 1 (800) 464-1529.