Paternity Information by State

By FindLaw Staff | Legally reviewed by Melissa Bender, Esq. | Last reviewed July 23, 2023

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw’s team of legal writers and attorneys and in accordance with our editorial standards.

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In almost all states, the father of a child is the one named on the child's birth certificate. For married parents, the husband is the presumptive father. For unmarried parents, or if another individual claims paternity, state laws have procedures for establishing paternity.

The mother of a child may file paternity proceedings seeking child support from the presumed father. However, there are other reasons the father of a child may want a judgment of paternity.

  • Child custody and visitation rights: The alleged father must prove they have legal rights to custody arrangements with the child
  • Parent-child relationship: The legal father can provide health insurance and financial support, gain access to school and other vital records, and be part of the child's life without other restrictions

States have various methods of establishing paternity. The list below provides links to state agencies that can assist parents in filing documents to open a paternity case to obtain a judgment of paternity. For general information on paternity law, see FindLaw's Paternity section.

Some useful terms you should know:

  • Biological father of a child: The one who fathered the child, whether married to the mother or not
  • Genetic testing: Also called DNA testing or a paternity test. A presumed father may submit to a test, or a birth mother can request a court order during court proceedings to establish paternity
  • Order of paternity: A legal document establishing the paternity of a child
  • Paternity affidavit: An affirmation under oath made by the legal father confirming parentage. The father may sign this at the time of birth or later
  • Voluntary acknowledgment of paternity: Like a paternity affidavit, the father acknowledges paternity at or after the child's birth

Alabama

Alaska

Arizona

Arkansas

California

Colorado

Connecticut

Delaware

District of Columbia

Florida

Georgia

Hawai'i

  • Paternity (Hawai'i State Child Support Enforcement Agency)

Idaho

Illinois

Indiana

Iowa

Kansas

Kentucky

Louisiana

Maine

Maryland

Massachusetts

Michigan

Minnesota

  • Paternity (Minnesota Judicial Branch Self-Help Center)

Mississippi

Missouri

Montana

Nebraska

Nevada

New Hampshire

New Jersey

New Mexico

New York

North Carolina

North Dakota

Ohio

Oklahoma

Oregon

Pennsylvania

Rhode Island

South Carolina

South Dakota

Tennessee

Texas

Utah

Vermont

Virginia

Washington

West Virginia

Wisconsin

Wyoming

Need More Paternity Information for Your State? Reach Out to an Attorney

Determining paternity may be as easy as getting a DNA test. If a woman seeks a child support order, she needs to go to family court and prove the father is the legal parent through a paternity action. That may require a court order for a paternity test to receive an order of paternity. In that case, the respondent father may challenge the test results to avoid child support obligations or other financial support obligations for the child, such as providing health care. Not all parents want to exercise parental rights or have legal rights to the child.

If you need assistance with filing a paternity action or with other family law matters, help is available. Learn more about the paternity laws in your state by speaking with a local family law attorney.

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Can I Solve This on My Own or Do I Need an Attorney?

  • You can represent yourself in a paternity case, but establishing paternity can be emotionally and legally complex
  • Lawyers can help you understand your rights and responsibilities

An attorney can explain the legal procedures and consequences of establishing paternity. Many attorneys offer free consultations.

Find a local attorney

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Don't Forget About Estate Planning

If you are in the midst of a paternity case, it may be an ideal time to create or change your estate planning forms. Take the time to add new beneficiaries to your will and name a guardian for any minor children. Consider creating a financial power of attorney so your agent can pay bills and provide for your children. A health care directive explains your health care decisions and takes the decision-making burden off your children when they become adults.

Start Planning