Over 80,00 babies are born to Indiana parents each year. However, just because a baby is born, does not mean that the identity of the father is immediately known. In fact, if the parents of a child aren’t married, there can be some procedural hurdles before paternity can be officially established. Furthermore, the importance of determining who is legally recognized as the father of a child may be given less weight than it should.
How Do You Establish Paternity in Indiana?
In Indiana, the legal recognition of the mother of a child is quite simple, as she must only provide proof that she birthed the child. Establishing the identity of the father can either be just as easy or much more difficult, depending on the circumstances.
If a couple is married at the time of the birth or the child is born no later than 300 days after the marriage, then the husband of the delivering wife is presumed to be the father of the child. The presumption can be overcome by showing clear and convincing evidence of paternity. If the mother and father are not married at the time of the birth, the father must take action to be officially recognized as being the legal father.
Indiana law generally allows for paternity to be officially established two different ways:
The signing of a paternity affidavit; or
A court order establishing paternity.
Why is it Important to Establish Paternity?
Until the birth father takes one of the steps identified above, he is merely the “alleged father” and is not the “legal father.” The distinction is key, as several parental rights hinge on the paternity status of the father. For instance, an alleged father does not have the custodial or visitation rights of a legal father. A father also may have a difficult time accessing medical records of the child if they are not recognized as a legal parent.
Though it seems that establishing paternity may carry several benefits, it should also be understood that the legal recognition of being a child’s father comes with its own set of responsibilities, the biggest of which is an obligation to pay child support. Therefore, it is important for one who is attempting to gain legal paternal recognition to ensure that they are indeed the father of the child. Actual paternity can be established through DNA testing.
Lastly, establishing paternity should not be an issue that only concerns men. Mothers ought to take careful steps to ensure that parentage is established accurately. The incorrect legal recognition of the father of a child may require that the mother go to court to fix the mistake, a process that can be emotionally tolling and potentially costly.
Determinations of paternity can be complicated and confusing. It is best to establish who is legally the father of the child as close to the date of birth as possible. Indiana family law attorney Christopher L. Arrington is committed to helping you navigate through the process of establishing paternity and represent both men and women Danville and many other nearby Indiana communities. If you need assistance with establishing paternity, contact us today.