Every state across the U.S. recognizes a woman’s husband as the father of a child born in wedlock automatically, without any proof being required. If the husband states at the time of birth that he is, in fact, the father of the child, this information will be entered on the birth certificate without any blood or saliva tests being requested. Basically, if a couple is married and has a child, the state assumes that the husband is the father of the child and acts accordingly in matters of the child’s birth registry, and enters the father’s information on the birth certificate for the child without any further questions asked. As such, the father has automatic claims to paternity and can, in many cases, retain his parental rights even if it later turns out the child is not his.
Claims to Paternity
Slightly different rules generally applies to children born outside of wedlock- meaning that when the father is present at birth but not married to the mother, he may be asked if he contests paternity or wishes to be tested along with the child in order to establish paternity. In these cases, it may not be assumed that the person present is the father of the child, however if the person present at the child’s birth states he is in fact the father without a request for absolute proof through DNA testing, in many states this statement will be allowed and entered without contestation.
Contesting Paternity
Even though any state will assume paternity for the husband of any female who gives birth to a child, there may be circumstances where the husband has doubts or it has been proven that in fact the husband may not truly be the father of the child being born.
- In these cases, the husband must make his stance known before the Public Notary enters the information with his name on the birth registry as the father of the child.
- Contesting paternity and requests to have paternal testing done before he is named the father of the child are required. If the husband either doesn’t state his intent to contest paternity before this step is taken, he will have to then enter the court system in order to contest his paternity, which is a much more arduous task.
In some cases, when the husband is unaware of the fact that he may not be the biological father of the child his spouse gives birth to, he may not be made aware until after the child is born, or even well after the child is born. If the husband discovers that he in fact is not the child’s father, he may at that point request for DNA testing in order to have the paternal order reversed in court to relieve himself of any paternal obligations.
Getting Help
If you have concerns about paternity for your child, you should consult with a qualified attorney. Your lawyer can explain the rules regarding claims to paternity and can assist you in dealing with the legalities of questionable fatherhood.
