While today’s technology makes sharing announcements and information easier and quicker, introducing a new baby to family and friends is a time-honored tradition that stretches back centuries. The pride parents take in a new addition to the family is understandably palpable, and worthy of acknowledgement and celebration. Biologically, involvement of a man and women is necessary to create a new life, but that does not automatically translate into the man having a legal or physical presence in that child’s life. It is easy to identify a child’s mother, outside of surrogacy, once she gives birth, but figuring out who a father is, especially if the mother is unmarried, can be a trickier proposition.

Establishing paternity is a crucial step for a man who wants to receive parental rights over his natural child. Without this legal status, the man has no say over important issues, such as medical treatment, living situations, and education. However, the largest matter unwed fathers potentially face relates to adoption. If the father is not recognized as the child’s parent, the mother can place the child for adoption without providing the father notice or an opportunity to object. A recent court decision by an Indiana court of appeals underscores the inextricable link between paternity and adoption, as the court ruled related cases for paternity and adoption must be consolidated into one to ensure the interests of the child are fully protected. An overview of how paternity is established under Indiana law will follow below.

When is it Necessary to Establish Paternity?

If a child is born to a legally married couple, the man is presumed to be the child’s natural father, and he officially ascends to all the parental rights and obligations of a legal parent when the hospital files the birth certificate with the Indiana Department of Health. If the mother is unmarried, however, a man must take affirmative steps to obtain his parental rights through a legal petition with the courts or filing a paternity affidavit with the state. Additionally, if a man is estranged from a woman he believes is carrying his child, or otherwise worried she may place the child for adoption without his knowledge, he can register his name with the Indiana Putative Father Registry to ensure he receives notice of an impending adoption. Note that he must register with the Putative Father Registry within 30 days of the child’s birth or the date an adoption petition is filed, whichever is later, in order to receive this notification.

Legal Procedures to Prove Paternity

A petition to establish paternity can be filed in court by any of the following parties:

• The mother;
• The man alleging he is the biological father;
• The mother and the alleged father filing jointly; or
• The child.

Note that the mother, child, and alleged father must all be a party in these petitions. In addition, these petitions must be filed by the parents within two years of the child’s birth unless the parties waive the time requirement or there is some evidence the man acknowledged paternity in writing. The child can also file his or her own petition to establish paternity until the age of 20. Paternity is typically determined by genetic testing, and the results are usually accepted as conclusive evidence, but it is possible to contest them.   

Finally, the mother and alleged father can execute a paternity affidavit at the hospital or the local health office no later than five days after the child’s birth. Signing this form means the man is assuming all rights and responsibilities as a parent, including parenting time and child support. This affidavit can be rescinded within 60 days of its execution be filing a petition with the court.

Talk to a Family Law Attorney

If you have questions or concerns over the paternity of a child or your parental rights, talking to a lawyer before you take any action may prevent you from making a decision that is against your best interest. Family law attorney Chris Arrington represents clients in and around the Indianapolis area in these matters, and can help you decide which action is best for you and your family. Contact him to schedule an appointment.