Fathers have the same legal protections as mothers under Pennsylvania state law. However, the state must recognize them as a biological parent to assert those rights.
Establishing paternity is the formal legal process through which Pennsylvania acknowledges a man as a father. There are several different ways for new fathers to protect their rights and ensure official recognition as a parent.
What are the most common ways to establish paternity in Pennsylvania?
1. Through marriage
Married men benefit from an automatic presumption of paternity. When their wives become pregnant or give birth during the marriage, the state automatically includes them on the birth certificate. Married men have the right to request visitation or shared custody if they separate from or divorce their wives.
2. Through mutual acknowledgment
Unmarried couples can sign documents together to confirm a man’s paternity. An Acknowledgment of Paternity filed with the state can ensure that a birth certificate includes a man’s name. Parents can also acknowledge paternity well after the birth and have the existing birth certificate amended.
3. Through court proceedings and genetic testing
Sometimes, there are questions about who father to child. Other times, a mother may not voluntarily agree to acknowledge a man’s paternity. In such cases, men can ask the courts to intervene. Court-ordered genetic testing can validate a man’s paternity, which can allow him to seek joint custody or visitation.
Working with an attorney can help fathers understand and make use of their legal rights. The process of establishing paternity can be complicated, making legal guidance important for the fastest and best resolution possible.