ESTABLISHING PATERNITY

Some unmarried parents may wish to establish paternity but don’t know where to start. Potential clients typically ask questions such as: How do I establish paternity? I signed the birth certificate but I don’t think the baby is mine, what do I do? How long do I have to establish paternity? Or, I am paying child support for a child that is not mine, what are my options?

Paternity is a relatively straight-forward area of law, however there are a few things an interested person should know.

First, a “Putative Father” is a man who is assumed to be the father of a child. In D.C., a man is assumed as the “putative father” if

(1) he is married to a woman when she gives birth to a child; or

(2) He acknowledges paternity in writing

In cases (1) and (2), the man may disprove paternity with a DNA test. However, the court has the right to overrule a DNA test disproving paternity in certain situations if it is in the child’s best interest.

When a child has no putative father because (1) and (2) are not applicable, paternity can be determined by a Court proceeding at any time until the child reaches 21.

In Maryland, a man is assumed as the “putative father” if

(1) he is married to a woman when she gives birth to a child; or

(2) He acknowledges paternity in writing

In cases (1) and (2), the man may disprove paternity with a DNA test.

When a child has no putative father because (1) and (2) are not applicable, paternity can be determined by a Court proceeding at any time until the child reaches 18.

In Maryland, there are certain requirements regarding the involvement of the State’s Attorney’s office.

In Maryland, paternity proceedings may be instituted while the mother is pregnant; however, the trial will not occur until after the birth.

**Individuals with paternity issues should seek legal assistance if:

(1) The proceedings are initiated during the pregnancy of the mother;

(2) The state’s attorney’s is involved;

(3) Genetic testing could possibly be overruled; or

(4) The father was subject to fraud, duress or mistake.

Note the time allowed for a paternity proceeding is different in Maryland and D.C. because child support ends when the child is 18 in Maryland; however, child support ends when the child is 21 in D.C..