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PATERNITY
Home | PaternityPaternity can be established by signing a voluntary form called an “acknowledgment of paternity “ (available from hospitals, local district child support offices, and local birth registrars) or by filing a court petition to have a court determine paternity. ![]() By establishing paternity for the child, a parent can ensure that the child has the same rights and benefits as children born to married parents including being covered by medical or life insurance from either parent, receiving financial support from both parents, and obtaining information on family medical history. Either the mother or the father may file a petition to establish paternity. A mother may seek to establish paternity in order to receive child support and medical insurance coverage for the child from the father. A father may seek to establish paternity to establish their parental rights, seek custody or visitation, or have the right to be informed and have a say in adoption proceedings. A father generally has a right to one or more genetic marker tests or DNA tests and, on the court's own motion or the motion of any party, can order the mother, her child and the alleged father to submit to one or more genetic marker or DNA tests of a type generally acknowledged as reliable unless the court finds that it is not in the best interests of the child on the basis of res judicata, equitable estoppel, or the presumption of legitimacy of a child born to a married woman. If the record or report of the results of any such genetic marker or DNA test or tests indicate at least a ninety-five percent probability of paternity, the admission of such record or report shall create a rebuttable presumption of paternity, and shall establish, if unrebutted, the paternity of and liability for the support of a child. The mother or the alleged father shall be competent to testify but the alleged father shall not be compelled to testify. If the mother is married both she and her husband may testify to nonaccess. If the alleged father offers testimony of access by others at or about the time charged in the complaint, such testimony shall not be competent or admissible in evidence except when corroborated by other facts and circumstances tending to prove such access. The court may exclude the general public from the room where the proceedings are heard and may admit only persons directly interested in the case, including officers of the court and witnesses. If the alleged father is shown to be the biological father, the court will issue an order that says he is the legal father of the child. This is called an order of filiation. |