How can I establish paternity against my son's grandmother?

Full question:

My son's father passed away in December of '09. He was not there when our son was born. I need to establish paternity for social security purposes however the grandmother of my son is not willing to do a paternity test. I need to petition the court for paternity against the grandmother of my son. Is there a form or something I can do to go about doing this?

• Category: Paternity
• Subcategory: Court Action
• Date: 04/07/2025
• State: Pennsylvania

Answer:

If parents are not married when a child is born, the child does not have a legal father until paternity is established. In Pennsylvania, you must start a paternity action within eighteen years of the child's birth. A name on a birth certificate does not prove paternity. States typically assist parents in acknowledging paternity until the child turns eighteen, often through vital records offices.

A father can establish paternity by signing a written acknowledgment or through a civil lawsuit. Some states allow a father to sign an affidavit acknowledging paternity, which must be notarized and filed with the court. Once filed and signed by a judge, this affidavit cannot be rescinded.

Filing a paternity action does not automatically lead to a court-ordered paternity test. The court reviews the petition to determine if there is enough information to justify such a test. If ordered, the mother, child, and alleged father would undergo testing at a designated facility. If the father is deceased, this may complicate the process, so consulting a local attorney is advisable.

Unmarried fathers have similar rights and responsibilities as married fathers. A paternity action is a civil lawsuit, not a criminal matter. Only certain parties can initiate a paternity action, including the mother, the alleged father, the child, or a representative of the child. A court's paternity determination is final, and a copy of the order is necessary to establish the child's rights.