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PA Paternity- How is it determined? By Presumption

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An examination of the Presumption of Paternity

By Attorney Jeffrey B. EnglePaternity Lawyer, Harrisburg, PA

There are various ways of determining paternity.  We have previously examined some of those ways, such as blood testing.  However, did you know that you can be presumed to be the father and determined to be so, even in the face of DNA evidence to the contrary?

This seems to stretch the bounds of reality, however, it's true.  In PA, a presumption of paternity exists where the child is born of an intact marriage or if the child is conceived during the marriage.  There are exceptions, however, where the father lacked access to the mother during the time of conception (eg: out of the country) or the husband was physically incapable of procreating (eg: permanently injured or infertile).  Where there exists the presumption of paternity, however, no question as to paternity may be raised, and DNA testing may not be introduced to rebut the presumption.  This is because we have a general policy in PA that a child born of an intact marriage, needs to be declared legitimate in order to preserve that marriage.

If you have questions about how to establish paternity for custody, divorce, or support purposes, contact the law firm of Shaffer & Engle, LLC.  You may call us toll free or email us.

1 Comment

Good Morning, I am seeking advice. I will bullet point my situation to be brief. Thank you in advance for your time.

* I am currently married to "T" - I live in MD
* I had an affair with "B"- T then moved to RI
* I conceived a child with "B" in December (T was still in RI)
* I am no longer seeing or involved with B and I do not want B to be involved with the child
* B wants to excercise his paternity, visitation, etc.
* T is willing to reconcile and raise the baby as his own with me (meaning the child could be bought up in a home with a mother and father.
* If T and I move to PA before the baby is born is the presumption of paternity enough to prevent B from contesting and seeking rights as the biological father?

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