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Paternity means fatherhood.
When a married couple has a child conceived during the marriage, paternity does not need to be established---the law automatically presumes the husband is the child’s legal father. (The grounds for contesting this marital presumption are very limited---you should seek legal advice if there are issues.)When an unmarried woman has a child, paternity needs to be established to provide the child with the same legal rights as a child born to married parents. Also, the court cannot order child support or determine custody or visitation until paternity has been legally established.
Good reasons to establish paternity
Paternity provides a child of unmarried parents the same legal rights as a child born to married parents. Those rights include:
- Support from both parents
- Legal documentation of who the parents are
- Access to family medical history to learn of diseases, illnesses, birth defects, and other health problems that can be passed on through heredity
- Medical and life insurance from either parent, if available
- Inheritance rights
- Social Security and veterans’ benefits, if available
| Paternity Opportunity Program (POP) |
| POP is a fast, free, and easy way to establish paternity. Through POP, unmarried parents may establish paternity by completing and signing a Declaration of Paternity at the hospital when the baby is born. Once both parents complete and sign the form, the hospital files the form with the California State DCSS, and paternity is established. |
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For more information call POP at
(866)249-0773.
Parents may choose to sign a Declaration of Paternity at a later date.
Check with us for more information. |
Genetic testing
Sometimes a parent may want biological proof of paternity before a man is named the legal father. In that case, DCSS or either parent can request a genetic test. The test will exclude a man who is not the biological father of the child or it can show with greater than 99% accuracy that a man is the father. The Department offers genetic testing, usually at a clinic nearby.
If there is a dispute about paternity and the parties do not consent to genetic testing, the court can order the parties to submit to testing.
Establishing paternity by legal agreement
Both parents may agree (stipulate) to a child’s paternity and arrange for child support payments. The stipulation may also include child custody and visitation rights. The Department can explain how to do this without going to court, but the agreement must be approved by the court.
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| Key Definitions |
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Paternity – Paternity is the legal establishment of fatherhood.
Genetic testing - Genetic testing is the scientific comparison of DNA samples to prove parentage.
Non-invasive genetic testing is available when paternity has not been established.
Alleged Father -
A man who is not yet legally determined as the child’s father.
Declaration of Paternity -A document signed by both parents stating that they are a child’s biological parents. Filing this document with the State establishes the man as the child’s legal father. |
Keep in mind
A signed Declaration of Paternity has the same effect as a court order that establishes paternity. If the child does not live with the father, and a court action is filed, the father may be ordered by the court to pay child support. A court action must be filed to deal with the issues of visitation | |