Full question:
I would like to know what are the rights of a father if the mother has another man sign the birth certificate in Pennsylvania. I would like to know my rights if someone else signs the birth certificate. Can I petition for a paternity test?
- Category: Paternity
- Date:
- State: Pennsylvania
Answer:
In Pennsylvania, a child born to a married couple is considered legitimate. However, just because a name appears on a birth certificate does not prove paternity. A mother can list anyone as the father, and if the parents were not married, paternity must be established legally.
To establish paternity, a father can sign a voluntary acknowledgment of paternity or file a civil lawsuit. If the acknowledgment is signed by both parents, it can serve as conclusive evidence of paternity. If a court orders a paternity test, the mother, child, and alleged father will be tested at a designated facility. The court will only order a test if there is sufficient cause to do so.
Unmarried fathers have similar rights and responsibilities as married fathers. They can initiate a paternity action to establish their legal relationship with the child. In Pennsylvania, actions to establish paternity must be filed within eighteen years of the child's birth (23 Pa.C.S.A. § 4343).
For a father to petition for a paternity test, he must file an action in court. If the mother does not acknowledge him as the father, he may still seek to establish paternity through legal means. The court can order genetic testing if there is a reasonable basis to question paternity.
In summary, if another man signs the birth certificate, you can still petition for a paternity test to establish your rights as the biological father.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
