Paternity is the legal establishment of the identity of a child’s. It is usually common to believe that when the name of a man appears on the birth certificate of a child as the father, paternity is established, but it is not the case. Unlike the biological mother whose identity is usually determined by nature, paternity can be uncertain many times.
One of the most conclusive means to claim paternity recognition is to provide a DNA test, a paternity and filiation lawyer will help you with all the evidence you need to provide to determine your paternity and thus allow you to be close to your child.
Voluntary recognition of paternity
Because paternity is not determined solely by a birth certificate or a blood test, a father who is not married to the mother of his child needs to acknowledge his paternity voluntarily or may lose his rights to another person who makes an effort to become the presumed father of the child.
Paternity can be voluntarily assumed in a variety of circumstances, such as when:
o The child is born from a married couple.
o The child is born to an unmarried couple, but the parents marry after the child is born and sign a legitimation form.
o The child is born from an unmarried couple, who never marries, but who signs a voluntary acknowledgment of paternity or a similar agreement drafted by a lawyer.
o The father tries to marry the mother when the child is born or conceived.
o The father marries the mother after the birth of the child and accepts that his name appears on the birth certificate or undertakes to support the child.
o The father welcomes the child to his home and holds him openly as if he were his.
o The father and the child have a close relationship between parents and children, and the court grants equal custody rights to the parents.
If you do not know where to go or what requirements you need to claim your paternity, our paternity lawyers can guide you throughout the process so you can recognize your child without any complications.
Involuntary recognition of paternity
Paternity can also be established involuntarily through a paternity suit against the alleged father, who must appear in court and most likely have to undergo a DNA test. If paternity is established, the court will issue an order regarding the father’s paternity and will be required to pay child support.
In Octavia Legal Associates, we have the necessary experience to guide you, inform you about your rights, or even, if necessary, represent you in court to get the best possible solution to your case.