What Are a Man's Rights in Finding Paternity?
- A man who thinks that he may be the father of a child has the right to petition the court for an order declaring him to be the father. When the man petitions the court, he first needs to find out which state has jurisdiction over the pregnancy, which is usually the state the child lives. This should be done as soon after the baby is born as possible, especially if the mother plans on giving up the baby for adoption. Once the petition is filed, the mother is given a copy and a chance to reply. If she opposes but it's factually possible the man is the father, the court can order a DNA test.
- If you believe you are the father of a child, you can place your name on a paternity register. The man must do this before the child is born or very shortly after. These registers are used by courts involved in adoptions. Another thing a man can do is put a declaration that he's the father in writing. It can help create a presumption of paternity that will stand unless opposed and disproven. The courts can also look into the man's attitude toward the child and the mother during the pregnancy to see if he acted as if he was the father.
- One of the main misconceptions about paternity testing is that a married man can seek DNA testing to prove that another man fathered one of his children. This is actually a very hard task because the married man is already assumed to be the father. Also, it is a common misconception that paternity has to be proven within a short amount of time after the child is born, when in fact, parents can voluntarily acknowledge a child's paternity until the age of 18.
- If both parents are wanting to know who the father is and are willing to work it out outside of the legal system, there is a way for them to do so. Many companies, such as The Genetic Testing Laboratories, Inc. (GTL), offer at-home paternity and DNA testing that provides conclusive results. They can be found in stores or online.
Petitioning the Court
Other Options and Obstacles
Misconceptions
Working Through It Civilly
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