When a paternity action identifies the putative father (“putative” meaning “generally regarded as”) as a defendant, he has the choice of either agreeing to the entry of a paternity decision, or of challenging it stating that he is not the father, or asking for DNA tests to be carried out to verify his paternity.

It is not unusual for legal representatives to be employed by men who have been issued with notice that they are the subjects of paternity proceedings. It is also not unusual for a man to contact his lawyer to enquire how he can establish the right of access to his children, born out of marriage. At times, it will be necessary to ascertain paternity for other reasons, such as obtaining government benefits after the death of a child's father.

 

Contested Paternity Actions

Disputed paternity proceedings come about either as private actions, or are brought by the state. A private action for paternity is usually meant first and foremost to secure maintenance payments from the father, or parenting time with the child. The state will usually initiate a paternity action through a prosecutor's office where the mother applies for state assistance, so the state may gain full or partial recompense of any grant of aid from the child's father. A person cautiously identified as the child's father in paternity proceedings is referred to as the "putative father" pending the ruling of the case. When a paternity action names the putative father as a defendant, he has the choice of either agreeing to the entry of a paternity decision, or of contesting it stating that he is not the father, or requesting that DNA tests be carried out to verify his paternity. Paternity testing is now usually performed during a DNA test based upon a saliva swab, and it is not normally necessary to take a blood sample. If the putative father disagrees with the result of a court-ordered test, he has the right to find and initiate an independent paternity test.

If a paternity action names the mother as defendant, she faces the same important choices as the father. She may either agree to have the putative father named as the child's legal father, or may call for paternity testing to confirm that he is the father.

Non-Contested Paternity Actions

Some men are certain that they are the natural father of a child, or want to sustain a legal association with the child whether or not they are the father and thus either begin a paternity action or agree to the entry of a paternity order. Once such an order is entered, it permits the father to visitation time with the child, and creates a legal duty for the father to pay child support.
Please note: when you agree to the entry of a paternity order, you consent for life. Most jurisdictions will not permit you to get away from the consequences of that order, including the obligation that you pay child support, even if you can later prove that you are not the child's biological father.

If there is any chance that you will dislike the child, or wish to sever your relationship to the child, if you eventually learn that you are not the child's natural father, then you should get a DNA test before acknowledging that you are the child's father. Some studies propose a non paternity rate for children born inside marriage of 20% or more. Outside of marriage, you have even fewer guarantees. If you agree to being named as the child's father, be sure that you are willing to live up to that designation regardless of what you may later learn.

Establishing Paternity When the Father is Deceased

In the event that a child is born out of marriage, and the father is not documented on the child's birth certificate, it may be necessary to establish paternity following the death of a father by court order, or through a legally binding acknowledgement of paternity. Even if the father provided for the child in life, and had a relationship with the child, a government agency may need definite proof of parentage before extending survivor's benefits to the child. If there is no provision for the child in the father's will, it may be necessary to establish paternity in order to obtain a share of the father's estate for the child as an heir accidentally excluded from a will, often because the heir was born after the will was drafted.

In some cases, the father's DNA may be available, perhaps from a preserved tissue sample. If the father's DNA is not obtainable, it may be possible to match up the child's DNA to other close relations of the father, such as grandparents or perhaps the father's other children. DNA testing of close relatives can ascertain paternity with a high degree of probability, and will almost certainly satisfy the needs of any court.