Paternity and Parentage
What Paternity Means
Paternity refers to the legal recognition of a father as a child's parent. Once paternity is legally established, the father has the same rights and responsibilities as the mother, including involvement in decision-making, access to medical information, and the ability to request parenting time.
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Paternity is separate from biological connection - courts rely on legal recognition not biology, when determining rights and obligations.
Why Establishing Paternity Matters
Legal paternity gives both the child and the father important protections, including:
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The right for the father to seek custody or parenting time
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The right to participate in major decisions (education, medical care, religion)
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Access to the child's educational and medical information
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Eligibility for benefits such as health insurance, inheritance, or Social Security
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Clarity regarding financial support responsibilities
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Without legal paternity, a father has no enforceable rights, even if he has been involved in the child's life.
How Paternity is Established
States generally recognize three main paths to establishing legal paternity:
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Voluntary Acknowledgement of Paternity (VAP)
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A form signed by both parents, usually at the hospital or later through vital records. This is the simplest and most common method.
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​​Court Order
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A judge can establish paternity through agreement of the parents or by requiring genetic testing.​
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Presumed Paternity
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In most states, if a child is born during a marriage, the husband is legally presumed to be the father unless contested.
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While the basic methods for establishing paternity are similar nationwide, specific requirements and procedures vary by state. For state-specific information, see our guides for California, Texas, Florida, New York, and Illinois.
What This Means for You
Establishing paternity is the foundation for everything that follows in the custody process. Once paternity is legally recognized, fathers can request parenting time, decision-making authority, and a formal parenting plan