What is Paternity Establishment?
Establishing paternity of child occurs when both the alleged father and mother are unmarried. In the eyes of the state, paternity has to be established for an alleged father to be the legal father of a child.
How is paternity established?
Paternity can be established one of two ways.
1. By completing a voluntary paternity acknowledgement form at the time of birth at the hospital.
2. Performing a legal paternity test (genetic test) voluntarily or by court order.
How long does an alleged father have to establish paternity in the U.S.?
Each state has different guidelines on how they handle paternity establishment. Below are some examples of statute of limitations to establish paternity
Texas – establish paternity time frame is 4 years
after the birth of a child.
New Jersey – 90 days after the mother, alleged father or child makes an allegation
Florida – Paternity can be establish between 0-18 yrs of age.
New York – up until the child turns 21
Georgia – There is no clear timeline to establish paternity.
California – There is no statue of limitations on when alleged father can establish paternity. The court can request a DNA paternity test be performed up to 2 years after the birth of the child.
Nevada – statute of limitation up to age 21 years or up to age 18 with an additional
Pennsylvania – up to the age of 18 years old
Tennessee – Paternity can be established up until the age of 21 but the VAP is only available until the age of 19 yrs old.
Ohio – up to 23 yrs old or up to 18 yrs old and there is a 5 year extension to establish paternity (23 years old)
Louisiana – 8. A man may institute an action to establish his paternity of a child at any time except as provided in this Article. The action is strictly personal. If the child is presumed to be the child of another man, the action shall be instituted within one year from the day of the birth of the child.
Kentucky – the statute of limitations is 18 years after the birth of the child. However, back child support (that is child support paid for the years before paternity is established) cannot be obtained unless the paternity suit is brought within four years after the date of the birth of the child.
Michigan – In Michigan the statute of limitations for bringing a paternity suit is when the child reaches the age of 18.
Missouri – In Missouri, a paternity action relating to a child who has no presumed father, i.e. the husband of the mother at the time the child was born, is eighteen years after the birth of the child. Retroactive payment of child support is limited to a period of five years before a paternity suit is filed.
FREQUENTLY ASKED QUESTIONS
What is a petition to establish paternity?
A paternity petition is document each state provides that either an alleged father or mother can use when the communication between the parents breakdown when the paternity of a child is in question.
How can I acquire an paternity petition form?
A Petition to establish paternity form can be acquired from Family Court in your state.
Can paternity be established legally before the birth of a child?
Normally, No. Although a prenatal paternity test can be performed. This testing option is seldom requested by a judge to legally establish the paternity of unborn child.
Oftentimes a child has to be born to perform a paternity test and to sign a paternity acknowledgment form which will lead to the father’s name be added to the child’s birth certificate.