Paternity establishment is the legal determination of fatherhood.

When the mother of a child is not married at the time of the child’s conception or birth, the child is born without a legal father. Conversely, when the mother of a child is married at the time of the child’s conception or birth, her spouse is presumed to be the child’s other legal parent. This is called the “presumption of parentage.”

There are times when a child is conceived or born during a marriage, but the husband is not the biological father. In these cases, the husband is still presumed to be the legal father until paternity is successfully challenged. 

An action for paternity establishment may be requested or referred by the court, by the Office of Child Support, another state’s IV-D agency, the mother or the alleged father.  Either the mother, father or the Court can request Genetic Testing.

See the Applications for IV-D Services section for more information on how to apply.