In cases where parents never marry, paternity can be established voluntarily when the parents are certain of the father’s identity. In such cases, they may sign a legal form called a voluntary acknowledgement of paternity, or something similar, and then file the form with the court or appropriate state agency. Executing this voluntary acknowledgement can be done right in the hospital following the child’s birth, or any time thereafter. The father’s name is then included on the child’s birth certificate.

If voluntary paternity is not established then the court may order paternity testing in the following situations:

• Putative fathers — This is men who seek custody and visitation rights, or don’t believe they are the father of the child and want to challenge unfounded allegations that they are the father of a minor child.
• Birth mothers —Mothers want  to establish paternity, so that they can seek child support  and set up a  custody and visitation plan.
• Grandparents — If a child’s parents are unfit to provide the care they need,  grandparents  can establish paternity so that they can seek custody or visitation rights.

Paternity can be determined by highly accurate tests conducted on blood or tissue samples of the father (or alleged father), mother and child. These tests have an accuracy range of between 90 and 99 percent. 

Once paternity has been established, the child obtains many legal rights beyond child support. The child can inherit from his or her father, is eligible for health insurance coverage under the father’s group policy, is entitled to social security benefits if the father dies or becomes disabled, may be entitled to wrongful death benefits if the father dies as a result of someone else’s negligence, and can obtain medical history information, to say nothing of the emotional benefits-to both the father and the child-that may be reaped as a result of establishing paternity. 

 

Source Findlaw Paternity viewed Aug 21, 2014