What is the Chronology for Establishing Paternity?
When a child is born to a married couple, a legal presumption arises that the husband is the child’s father. The same is not true with unmarried couples. Establishing paternity is important for unmarried couples in the event that their relationship does not continue and a parent seeks custody or child support, for inheritance purposes or for a variety of other reasons. If the parents marry after the mother becomes pregnant but before the birth, the husband’s paternity is presumed in the same manner as if the parents were married at the time of conception. If the parents marry after the child is born, they can sign a legitimation form, which grants the same rights as if the parents were married at the time of birth. Even if parents never marry, paternity can be established voluntarily when the parents are certain of the father’s identity. In such cases, the mother and father may sign a legal form called a voluntary acknowledgement of paternity and file the form with the court or appropr