{"id":351946,"date":"2016-04-04T11:02:42","date_gmt":"2016-04-04T16:02:42","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/family\/paternity\/challenging-paternity.html"},"modified":"2023-07-06T12:12:43","modified_gmt":"2023-07-06T17:12:43","slug":"challenging-paternity","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/family\/paternity\/challenging-paternity.html","title":{"rendered":"Basics and Overview: Challenging Paternity"},"content":{"rendered":"\n
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Basics and Overview: Challenging Paternity<\/h1>\n
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\n By FindLaw Staff<\/a> | Legally reviewed by John Mascolo, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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Key Takeaways<\/h2>\n

Anyone with appropriate grounds, can challenge a child’s paternity by filing a lawsuit.  The law presumes that husbands are the biological father of children born in a marriage and also allows biological fathers to establish paternity.  Paternity challenges can confirm the identity of the child’s biological father. <\/p>\n\n <\/div>\n <\/div>\n<\/div>\n

When a child is born, identifying the child’s mother occurs immediately. Barring the use of a surrogate, there is no question about maternity.
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The same cannot be said about paternity<\/a>. So, state laws developed methods to identify fathers<\/a> and determine legal paternity. Some of these methods are based on a legal presumption, and some states define "father" in a legal sense<\/a>. Others require the filing of a paternity action.<\/p>\r\n

Establishing Paternity<\/h2>\r\n

In most states today, there are at least five ways that determine legal paternity for a child<\/a>:<\/p>\r\n

1. The Presumption of Marriage<\/h3>\r\n

When a married mother gives birth, the law presumes that the husband is the father of the child. Depending on state law, this provision applies to husbands who attempt to marry the mother prior to birth (but for some reason the marriage is invalid) or in cases where the child is born within 300 days of a divorce.<\/p>\r\n

2. The Finalization of an Adoption<\/h3>\r\n

A final adoption decree can provide proof of paternity for the adoptive father.<\/p>\r\n

3. The Acknowledgment of Paternity Affidavit<\/h3>\r\n

Sometime after the child’s birth, the unmarried parents sign an affidavit acknowledging the father’s parentage.<\/p>\r\n

4. The Administrative Action<\/h3>\r\n

A mother or alleged father or state child support agency begins an administrative action to determine paternity. This usually involves DNA\/genetic testing. It results in identifying the biological father of a child.<\/p>\r\n

5. The Paternity\/Parentage Lawsuit<\/h3>\r\n

A mother or alleged father or state child support agency files a paternity or parentage action in court. This usually involves DNA\/genetic testing. It results in a court order that normally designates the biological father of the child as the legal father.<\/p>\r\n

Steps After Paternity Is Legal<\/h2>\r\n

Once paternity becomes legal under one of these scenarios, the child’s birth certificate will be corrected (as needed) to reflect the legal father of the child. Establishing paternity is important for many reasons.<\/p>\r\n

For unmarried parents<\/a>, it will be the first step in setting forth each parent’s legal rights and responsibilities in raising the child. This includes parental rights such as child custody<\/a>, parenting time (visitation rights<\/a>), and child support<\/a>. Paternity will also permit the child to inherit from the unmarried father or obtain benefits as his child or dependent.<\/p>\r\n

Challenging Paternity<\/h2>\r\n

What if a legal mother or father questions paternity afterward? What if an alleged or putative father comes forward and claims to be the biological father? What legal action can the interested parties take to "challenge" or contest paternity that was previously established?<\/p>\r\n

Whether and how you can challenge paternity may depend on the state laws where you live. Generally, either of the legal parents, a representative of the child, or an interested third party can challenge paternity by filing a motion in court.<\/p>\r\n

Statute of Limitations for Paternity Cases<\/h2>\r\n

There may be time constraints for a court case brought to establish paternity or disestablish paternity. Most states place a limit on initiating an action to establish a parent-child relationship is rather broad. For example, in Ohio<\/a>, such a case should be brought no later than five years after the child has turned 18 years old.<\/p>\r\n

Federal child support law provides that states that receive federal child support assistance must set up laws for establishing paternity. This includes protocols for signing a voluntary acknowledgment of paternity and rescinding<\/a> such an acknowledgment. One method for challenging paternity is filing a motion to rescind a voluntary acknowledgment of paternity. States often set a short time limit for this type of challenge such as 60 days from the time of signature.<\/p>\r\n

State Laws: Examples of Time Limits<\/h2>\r\n

Some states provide time limits to challenge a paternity finding by setting it aside. In California<\/a>, such actions should be brought within 2 years of the time the father knew or should have known of the prior judgment or the prior action, whichever came first.<\/p>\r\n

In Texas<\/a>, a party that signed an acknowledgment of paternity can file to rescind the acknowledgment within 60 days or prior to a filing to establish paternity or child support, whichever comes first. A putative father has 4 years from the date the acknowledgment was filed to initiate a challenge of paternity based on fraud, duress or material mistake of fact. Texas law also provides a procedure where a presumed father can file a denial of paternity at the same time another man files an acknowledgment of paternity. In such a case, a court must not have adjudicated the presumed father as the legal father of the child.<\/p>\r\n

States may provide time limits to challenge the marital presumption or a valid acknowledgment of paternity and rebut it with DNA evidence. The theory behind these laws is to provide finality to paternity judgments as this provides stability for the child.<\/p>\r\n

Parties considering a paternity challenge are wise to seek legal advice early.<\/p>\r\n

Legal Grounds To Challenge Paternity<\/h2>\r\n

Paternity proceedings typically rely on evidence, such as blood or DNA\/genetic testing. These methods tend to be accurate but can still produce incorrect results at times.<\/p>\r\n

The following are common legal grounds to challenge already determined paternity. This is called a "prior finding of paternity."<\/p>\r\n

Litigants may claim the following:<\/b><\/p>\r\n