Establishing Paternity

Paternity, defined as legal fatherhood, typically needs to be established when two parties who are not married have a child. This can be done by signing a paternity acknowledgment form or asking a court to establish paternity.

There are multiple reasons why establishing paternity is important. In order for the child to have a legal father, both parents need to sign the Voluntary Acknowledgment of Parentage. Once both parties sign and each signature is notarized, the child has a legal father and his name goes on the birth certificate. This can be completed at the hospital, the Town Clerk’s office, or the Registry of Vital Records and Statistics. There may be a fee involved if this is done outside of the hospital.

Each party has 60 days to rescind this claim and file a case in Probate and Family Court if they come to believe that the man on the birth certificate is not the father. The court will usually then order a paternity test which consists of either a blood test or a buccal swab test (cotton swab rubbed on the cheek inside the mouth). Both of the alleged parents and the child need to be tested to determine paternity.

There are many different processes and laws involved with establishing paternity, and if you find yourself in a situation where you need an attorney, please contact a  Middlesex County attorney at Rauseolaw.