We are independent & ad-supported. We may earn a commission for purchases made through our links.

Advertiser Disclosure

Our website is an independent, advertising-supported platform. We provide our content free of charge to our readers, and to keep it that way, we rely on revenue generated through advertisements and affiliate partnerships. This means that when you click on certain links on our site and make a purchase, we may earn a commission. Learn more.

How We Make Money

We sustain our operations through affiliate commissions and advertising. If you click on an affiliate link and make a purchase, we may receive a commission from the merchant at no additional cost to you. We also display advertisements on our website, which help generate revenue to support our work and keep our content free for readers. Our editorial team operates independently from our advertising and affiliate partnerships to ensure that our content remains unbiased and focused on providing you with the best information and recommendations based on thorough research and honest evaluations. To remain transparent, we’ve provided a list of our current affiliate partners here.

What is Legal Paternity?

By Susan Grindstaff
Updated May 17, 2024
Our promise to you
WiseGEEK is dedicated to creating trustworthy, high-quality content that always prioritizes transparency, integrity, and inclusivity above all else. Our ensure that our content creation and review process includes rigorous fact-checking, evidence-based, and continual updates to ensure accuracy and reliability.

Our Promise to you

Founded in 2002, our company has been a trusted resource for readers seeking informative and engaging content. Our dedication to quality remains unwavering—and will never change. We follow a strict editorial policy, ensuring that our content is authored by highly qualified professionals and edited by subject matter experts. This guarantees that everything we publish is objective, accurate, and trustworthy.

Over the years, we've refined our approach to cover a wide range of topics, providing readers with reliable and practical advice to enhance their knowledge and skills. That's why millions of readers turn to us each year. Join us in celebrating the joy of learning, guided by standards you can trust.

Editorial Standards

At WiseGEEK, we are committed to creating content that you can trust. Our editorial process is designed to ensure that every piece of content we publish is accurate, reliable, and informative.

Our team of experienced writers and editors follows a strict set of guidelines to ensure the highest quality content. We conduct thorough research, fact-check all information, and rely on credible sources to back up our claims. Our content is reviewed by subject matter experts to ensure accuracy and clarity.

We believe in transparency and maintain editorial independence from our advertisers. Our team does not receive direct compensation from advertisers, allowing us to create unbiased content that prioritizes your interests.

Legal paternity is the term used to define who the legal father of a child is. Details may differ in various geographic locales, but the essential meaning is typically the same. Legal paternity is usually assigned at birth, but in some cases, it may take years for it to be established. At the birth of a child, whomever is married to the mother is automatically considered to have legal paternity. In rare cases, such as when two men believe themselves to be the father, this right to paternity is sometimes challenged in court.

Legal paternity is often at issue in situations where the mother is unwed. In these cases, she may or may not choose to identify the father, and at that time, she cannot be compelled to do so unless she is sued. More commonly, unmarried mothers prefer to share responsibility with the biological father and typically do not withhold paternity. In some instances, the mother may be unsure of the identity of her child's biological father. Both of these situations could result in the necessity of a paternity test.

Paternity tests are a means of determining who has legal paternity over a given child. Sometimes, the father will take responsibility without question, but in some cases, men may choose to dispute the claim of the mother. When this happens, the mother, or sometimes the government, might file a paternity suit against the possible father. This typically involves deoxyribonucleic acid (DNA) testing of both the child and the suspected father.

DNA testing is a test that measures genetic markers on a cellular level. In paternity tests, these markers are measured and compared between the possible father and the child. Prior to the common use of DNA testing, paternity was typically established by blood tests that attempted to compare blood compatibilities. This type of testing is not considered as accurate as DNA testing. Most scientists agree that DNA tests have an accuracy rate of more than 99%, and in many courts, DNA testing is the only evidence necessary to prove paternity.

Legal paternity is most often used in cases where the identity of the biological father is in question, and the procedures to establish legal paternity are usually instigated by the mother. Sometimes, however, men who suspect they may have fathered a child bring paternity suits. They may bring suit in order to acquire visitation rights and other rights of paternity. Some rights of paternity include the right to insure the child and designate the child as a legal heir. In addition, establishing legal paternity would typically allow the man to add his name to the child’s birth certificate.

WiseGEEK is dedicated to providing accurate and trustworthy information. We carefully select reputable sources and employ a rigorous fact-checking process to maintain the highest standards. To learn more about our commitment to accuracy, read our editorial process.

Discussion Comments

WiseGEEK, in your inbox

Our latest articles, guides, and more, delivered daily.

WiseGEEK, in your inbox

Our latest articles, guides, and more, delivered daily.