Also known as: paternal · pater · fatherhood
Written by attorneys · grounded in primary & secondary sources — see below
A legal determination that a man is the father of a child. The determination creates enforceable rights and duties including support obligations, inheritance claims, and custody or visitation interests. Courts and statutes require reliable proof such as genetic testing, formal acknowledgment, or evidence of a developed parental relationship before conferring those consequences.
Portia Price gave birth to a child after a brief relationship with Philip Powell. Philip visited the newborn weekly, paid support, and signed an acknowledgment of paternity. When Portia placed the child for adoption, Philip objected. Because he had manifested parental responsibility through consistent contact and financial support, the court recognized his protected interest and required his consent before the adoption could proceed.
Phoebe Park filed a paternity suit on behalf of her nonmarital child when the child turned seven. The state statute barred suits after six years for nonmarital children but allowed marital children to seek support indefinitely. The court applied intermediate scrutiny and held the shorter period unconstitutional because the state failed to show it was substantially related to preventing stale claims.
Select any source to read its text and confirm it supports the definition.
Priya Prasad sought to inherit from her deceased biological father under state intestacy law. The statute required paternity to be established during the father's lifetime. Because no adjudication or acknowledgment occurred before his death, the court denied the claim even though genetic evidence later confirmed the relationship.
Piper Patel brought a paternity action against a former partner after genetic testing confirmed a match. The court admitted the properly accredited laboratory results and entered a judgment of paternity that imposed support obligations and granted visitation rights.
Paula Pierce challenged a state statute that treated nonmarital fathers differently from married parents in support proceedings. The court applied intermediate scrutiny and struck the classification because the state failed to show it was substantially related to an important governmental interest in child welfare.
Patriot Insurance held assets of a deceased man whose nonmarital daughter sought distribution. The daughter had obtained a lifetime paternity adjudication. The court ordered the proceeds paid to her rather than to collateral relatives because the adjudication satisfied the statutory requirement for inheritance.
Genetic testing performed by an accredited laboratory and signed under penalty of perjury is self-authenticating and admissible. Courts also accept voluntary acknowledgments and formal adjudications.
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Yes when he has demonstrated parental responsibility through visitation, support, and a willingness to assume custody. Mere biology without those manifestations does not confer veto power.
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No. Such classifications are subject to intermediate scrutiny and must be substantially related to an important governmental objective. A six-year cutoff that does not apply to marital children fails this test.
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It depends on state law. Some statutes require establishment during the father's lifetime to reduce fraud in intestate succession, and courts have upheld that requirement under intermediate scrutiny.
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No. The Uniform Parentage Act requires both expert-accepted methodology and performance in a laboratory accredited by the AABB or a designated body. Lack of accreditation defeats admissibility regardless of apparent reliability.
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…post , p. 179, do we discuss the father's rights, if any exist in the constitutional context, in the abortion decision. No paternal right has been asserted in either of the cases, and the Texas and the Georgia statutes on their face take no cognizance of the father. We are aware that some statutes recognize the father…