Law Offices of Lynda Latta

What Is Paternity?

Paternity means fatherhood. Both parents of a child are responsible for the upbringing of their children. While it is generally fairly easy to determine the mother of a child, the identity of the father may require proof. If a man admits paternity, then he is automatically taking on the rights and responsibilities of raising a child. If a man shirks this responsibility, the woman may file a paternity suit. If she proves that he is the father, he may be required not only to provide future support, but pay for the cost of pregnancy and childbirth expenses.

In the recent past, determining paternity through scientific testing could only tell you a man was not the father. Modern DNA testing can produce nearly conclusive proof of paternity.

Establishing Paternity

Establishing paternity is the process of determining who is the biological father of a child. At one time, the medical establishment could only determine, in only some cases with certainty, that a particular man was not the father of a child. The mother of the child needed to use other evidence to prove circumstantially that he was the father. Today, through DNA testing, it is possible to determine with almost one hundred percent accuracy that a man is the father. It can also determine with nearly one hundred percent accuracy that a specific man is not the father. Once paternity is established, the father must pay support for the child and, in some states, may have to pay part or all of the pregnancy and childbirth expenses. If the man refuses to pay, the court may garnish his wages, seize his property and bank accounts or even send him to jail.

Blood Tests

The blood test is an old-fashioned way of determining if a man could be the father of a child. It uses the basic fact of science that everyone had one of several blood types and that a man and a woman's respective blood types could only produce a child with a certain blood type. A blood test could indicate that a child could be a certain man's child, but this was not conclusive. There would certainly be thousands of men with the necessary blood type to be the father. The blood test was much more accurate in determining if a man was not the father. Today, modern DNA testing, which may use the blood as its DNA source, is a nearly one hundred percent accurate test. It is increasingly being allowed in court and may soon be universally accepted. However, the test may be incorrectly administered or interpreted which may cast doubt on its results, but that is unlikely.

Fathers' Rights

If a single man impregnates a woman, he has few rights concerning the welfare of the fetus or the child. He does not have the right to stop a woman from getting an abortion. She does not need his consent. She doesn't even need to notify him that she plans to terminate the pregnancy. If the woman decides to carry the child to term, the father may be required to pay child support. If he refuses, the courts can garnish his wages and seize his property and bank accounts. Depending upon the state, the father may also be required to pay for the costs of pregnancy and childbirth. But he also has the right to visitation and to seek custody of the child. If there is any doubt that the child is the man's, a modern paternity test can determine with near one hundred percent accuracy the paternity of the child.

Mothers' Rights

A mother-to-be has many rights concerning her pregnancy and the welfare of the child once home. She can terminate the pregnancy without notifying the father of the child and without his permission. She can file a paternity suit if he claims that he is not the father of the child. Modern paternity testing can determine with nearly one hundred percent accuracy the paternity of the child. Once paternity is established, the father must pay child support. In some states, the father may have to pay the costs of the pregnancy and childbirth. If the father refuses, the courts can garnish his wages, seize his properties and take his bank accounts. The father may file for custody and will probably get at least visitation rights.