If there is any question as to who the father of a child is, it is important to determine proper paternity. There are obvious life-long implications, both financial and emotional. When a married woman gives birth to a child, there is a legal presumption that the woman’s husband is the father of the child. However, there is no guarantee that this is always the case, and issues of paternity can later arise.
In the case of an unmarried woman giving birth to a child, paternity can be established through the use of something called an “Affidavit of Parentage.” An Affidavit of Parentage allows the biological father’s name to be included on the child’s birth certificate. By opting to sign an Affidavit of Parentage, the parties agree that the name on the document accurately represents the true biological father of the child. If a dispute later arises, it is possible to have the Affidavit rescinded or nullified by court order.
The biological father of the child has certain responsibilities under the law, including but not limited to, financial support.
If you are in a situation where paternity is in question, or the father of the child is refusing to acknowledge paternity, the attorneys at Brodsky, Renehan, Pearlstein & Bouquet can help.
