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PA Paternity- How is it determined? By Presumption

An examination of the Presumption of Paternity

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.

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