Legal paternity grants certain rights and responsibilities to the father of a child. Although courts consider the name listed on a birth certificate as evidentiary, it is not proof of paternity. In fact, in Washington State, a child born to parents who are unmarried and not in a registered domestic partnership has no legal father until paternity is established. Below is an introduction to legal paternity and the rights and responsibilities that come with it.

Voluntary Paternity

A parent can voluntarily assume paternity in several ways that do not require medical proof. For instance, a child born to married parents is automatically considered the child of both. If they are unmarried at the time of birth but subsequently marry, they can sign a legitimation form. They can sign a legal acknowledgment of paternity, even if they never marry. And the father can, without ever signing a form, welcome the child into his home and openly acknowledge them as his own.

Involuntary Paternity

In cases where a father does not voluntarily admit paternity, a mother may file a lawsuit against the probable father. The court will then order genetic blood testing, which is 99% accurate, or DNA testing.

Legal Ramifications of Paternity

If paternity is established, the father will be required to pay child support and will also receive visitation or custody rights, if he desires. The mother will henceforth require the father's consent before putting the child up for adoption. The child receives the right to shelter and aid from the father, the right of inheritance, and the right to personal information about health risks.

If you are facing legal paternity issues, contact Molly McPherson with McPherson & McPherson Attorneys At Law in Coupeville, WA. She has been serving clients in Island County, Whidbey Island, Camano Island, Coupeville, Oak Harbor, Greenbank, Freeland, Langley, and Clinton since 1997. She also specializes in child custody, divorce, wills, and probate. Visit the website to learn more about her services, and call (360) 678-4407 to make an appointment.