Paternity Laws and Forms: 50-State Survey
Paternity is the process of determining the legal father of a child. This designation may seem symbolic, but it has practical implications. For example, the mother of a child may want to establish paternity so that she can pursue child support from the father. A government agency providing benefits to the child or mother also may want to establish paternity for child support purposes. Meanwhile, a father may want to establish paternity so that he can pursue child custody or visitation rights. In some more unusual cases, a child may want to establish paternity so that they can receive an inheritance or benefits through their relationship to the father.
Paternity can be straightforward and uncontested, such as when the parents of a child are married or when a man signs a voluntary acknowledgment of paternity. In these and certain other cases, state law usually establishes a presumption of paternity. More ambiguous situations may require intervention by a court. Paternity determinations usually are based on genetic testing, which is easy to conduct and extremely reliable. If testing reveals that a man is the biological father of a child, a court will make a finding of paternity. It then can issue orders affecting the rights of the parents and the child, including support and custody orders.
Sometimes a court may review an action to disestablish paternity. Most often, a man whose paternity was established without genetic testing attempts to disestablish paternity so that he can terminate his child support obligation and other duties to the child. In other situations, the mother or the biological (but not legal) father of a child may want to disestablish the paternity of a child’s legal father to remove the legal father from the child’s life and allow the child’s biological father to assume a parental role. Actions to disestablish paternity historically were rare, but they have become somewhat less rare with the increased availability and accuracy of genetic testing.
Click on a state below for information about its approach to paternity and links to forms that you may need to file if you are involved in a paternity action.
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
Alabama
- Who can file: The mother; the child; a man whose paternity of the child is to be adjudicated; the Alabama Department of Human Resources; an authorized adoption agency or licensed child-placing agency; a legal representative of someone who would be entitled to maintain a proceeding but is deceased, incapacitated, or a minor; or any other interested person
- Statute of limitations: Generally until the child turns 19 (age of majority), but the child can file at any time as long as they are not seeking child support (which can be sought only until 19)
- Legal definition of father: Alabama Code Section 26-17-204
An Alabama paternity action may be filed in the juvenile court of the county where the child lives. If genetic testing reveals that the putative father is the child’s biological father, the court will order child support and medical support (health insurance payments). It also will order income withholding, which is a wage assignment. A court can set up custody and visitation orders, outlining which parent will make decisions affecting the child, which parent will primarily live with the child, and how the other parent will have access to the child. Other orders may cover financial aspects of the process, such as the costs of genetic testing, court fees, and reasonable attorney fees for the mother.
Alaska
- Who can file: Generally the mother, the putative father, the child, an adult living with the child (custodian), the state office of child services, or the state office of child support enforcement
- Statute of limitations: Generally until the child turns 18 (age of majority)
- Legal definition of father: Alaska Statutes Section 39.50.200
Either a court or a government agency can issue an Alaska paternity decision. These proceedings generally rely on genetic testing, but a court may review other evidence related to paternity if problems arise with the testing process. Other forms of evidence that may be persuasive include the conduct of the putative father toward the child, any support provided by the putative father to the child, and the way in which the putative father has presented his relationship with the child to the community. An agency does not have the authority to pursue a paternity action if the putative father was convicted of rape, unless the mother agrees with pursuing the action and is competent to make that decision.
Arizona
- Who can file: The mother; the father; an adult child; the guardian, conservator, or best friend of a child or children born out of wedlock; a public welfare official or agency of the county where the child or children reside or may be found; or the State of Arizona
- Statute of limitations: Until the child turns 18 when support is sought
- Legal definition of father: Not provided by statute
An Arizona paternity action may be brought in the superior court of the jurisdiction where the mother, the child, or the putative father resides. A state agency can conduct paternity proceedings as well, and an agency has equal authority to a court in making a paternity decision. A finding of paternity requires a 95 percent probability that the putative father is the biological father. In some cases, a paternity action may be filed before a child is born. When this happens, however, an order will not be issued until the child is born. If paternity is found, child support may be ordered retroactively for three years before the action was filed, and a father also may be ordered to pay pregnancy and childbirth costs.
Arkansas
- Who can file: The biological mother; the putative father; a person for whom paternity is not presumed or established by court order, such as a parent or grandparent of a deceased putative father; or the Office of Child Support Enforcement of the Revenue Division of the Arkansas Department of Finance and Administration
- Statute of limitations: None
- Legal definition of father: Arkansas Code Section 20-18-701
To make an Arkansas paternity determination, a court will order genetic testing. State law requires a 95 percent probability that the putative father is the biological father. If paternity is found, the father may be ordered to pay pregnancy and childbirth costs and the mother’s attorney fees in addition to child support. If paternity is not found, the mother may be ordered to pay the putative father’s attorney fees. To get custody or visitation after a paternity finding, a father must show that he has financially supported the child, he is fit to be a parent, and this would serve the child’s best interests. If the child resulted from a rape of which the father was convicted, he will lose parental rights but must pay child support.
California
- Who can file: The mother, the putative or alleged father, the child, an adoption agency, or a child support agency that is providing services to the mother
- Statute of limitations: None in most cases; two-year limit for actions to challenge the paternity of an established legal father
- Legal definition of father: California Family Code Section 7601; California Family Code Section 7611
A California paternity action may be brought in a county superior court, which can order the mother, the putative father, and the child to undergo genetic testing. A failure to comply with this order by a putative father may be treated as evidence of paternity. A state child support agency also will order genetic testing if a mother asks for child support or public benefits. A child who is 12 or older will be considered a party to a paternity action. The court will designate a guardian ad litem to represent their best interests. A court has the discretion to find that a child younger than 12 is a party to the action and designate a guardian ad litem for them as well. If paternity is found, a child can inherit from their father’s estate in addition to receiving support.
Colorado
- Who can file: The mother (or her personal representative or parent if she is deceased), a presumed father (or his personal representative or parent if he is a minor or deceased), the child (or their personal representative), the state, the state department of human services, a county department of social services, or any other interested party
- Statute of limitations: Generally until the child turns 18, but the child can file until turning 21
- Legal definition of father: Colorado Revised Statutes Section 19-4-105
A Colorado paternity case generally should be filed in the district court that has jurisdiction over the county where the child or the alleged father lives, or where public benefits are being paid for the child. However, a case involving a child or an alleged father in Denver County must be filed in the Denver Juvenile Court. If the parents disagree on paternity, a judge can order genetic testing. When a judge issues a paternity order, they can issue concurrent orders covering child support, medical insurance, child custody, testing fees, and court costs. A child may be eligible to receive certain benefits based on their relationship to the father, such as Social Security benefits or veteran’s benefits, and they will have a right to inherit from the father’s estate.
Connecticut
- Who can file: Generally the mother (or expectant mother), the alleged father, the Connecticut Department of Social Services, or a town welfare administrator
- Statute of limitations: Generally until the child turns 18
- Legal definition of father: Connecticut General Statutes Section 45a-604
Generally, a Connecticut paternity action will be heard in the family court in the county where the mother or the alleged father lives. In some situations involving a paternity case initiated by an alleged father when existing parental rights may be terminated, the probate court in the county where the child lives will have jurisdiction. If an alleged father cannot afford to hire an attorney, the court may appoint an attorney for him. The court will order the mother, the alleged father, and the child to undergo genetic testing, which must show a 99 percent probability of paternity. One or both parties will pay for testing unless the state has brought the action. Paternity cannot be decided until the child is born, although a case may be started before birth.
Delaware
- Who can file: The mother, a man whose paternity of the child is to be adjudicated, the child, the support enforcement agency, an authorized adoption agency or licensed child-placing agency, or a legal representative of an individual who would be entitled to maintain a proceeding but is deceased, incapacitated, or a minor
- Statute of limitations: Generally until the child turns 18 (age of majority), but the child can file at any time if no paternity has been established
- Legal definition of father: Delaware Code Title 13, Section 8-102
Although a Delaware paternity case may be filed while the mother is pregnant, a judge will not issue a paternity order until the child is born. A paternity decision usually relies on genetic testing. This requires a 99 percent probability that a man is the biological father of the child. A court may order the mother, the alleged father, and the child to undergo testing if it has not been previously completed, or if a prior test does not meet the strict legal requirements in Delaware. If the alleged father cannot be found, a court may order genetic testing of his father, brother, or other children. If the alleged father defies a court order to undergo testing, the judge can hold the alleged father in contempt, declare paternity, and establish related obligations.
District of Columbia
- Who can file: The mother, the putative father, a person whose parentage of the child is to be adjudicated, the child (if an adult), the guardian of the child, the legal or physical custodian of the child, a licensed child-placing agency, the IV-D agency, or the District of Columbia
- Statute of limitations: Until the child turns 21
- Legal definition of father: Not provided by statute
Genetic testing plays a significant role in a District of Columbia paternity proceeding. To be accepted as evidence of paternity, a test must show that there is a 99 percent probability that a man is the biological father of a child. The Family Court in the DC Superior Court or the DC Child Support Services Division can order genetic testing and decide paternity and child support. However, custody or visitation orders remain within the sole jurisdiction of a court. In addition to child support, the child may be eligible for medical insurance coverage and other benefits through the father. They also will have a right of inheritance from the father, and they can access the medical histories of people on the father’s side of their ancestry.
Florida
- Who can file: The mother, any man who has reason to believe that he is the father, the child, or the Florida Department of Child Support Services
- Statute of limitations: Until the child turns 22 (four years after the age of majority)
- Legal definition of father: Florida Statutes Section 39.01; Florida Statutes Section 63.062; Florida Statutes Section 409.256
A Florida paternity action can be filed in the circuit court that has jurisdiction over the county where the mother or the alleged father lives. A judge can order the mother, the alleged father, and the child to undergo genetic testing. If testing establishes paternity, a court can declare the man to be the child’s father and issue related orders affecting child support and child custody, as well as matters such as health insurance and attorney fees. A government agency also can issue orders regarding paternity and child support, but it cannot determine child custody. If a judge does not issue a custody order, the mother receives sole custody. While a paternity proceeding may begin while the mother is pregnant, it cannot be resolved until the child is born.
Georgia
- Who can file: The mother, a man who is alleged to be the father, the child, any relative in whose care the child has been placed, or the Georgia Department of Human Services
- Statute of limitations: None
- Legal definition of father: Georgia Code Section 19-8-1
If paternity is disputed or unknown, a parent or another party with legal standing can file a Georgia paternity action in court. This may involve genetic testing to help the judge determine whether a man is the child’s father. A paternity order will allow each parent to assert related legal rights. For example, the mother can ask the court to order the father to pay child support and help cover medical expenses for the child. Meanwhile, the father can request an order for custody or visitation. Since the father’s name will appear on the child’s birth certificate, the child also will receive important future rights. These include potential access to Social Security and other benefits through the father, as well as the ability to inherit from the father’s estate.
Hawaii
- Who can file: The mother, a presumed father, a man alleged or alleging to be the father, the child or guardian ad litem of the child, a parent or personal representative of a deceased mother or deceased alleged or presumed father, or the Hawaii Child Support Enforcement Agency
- Statute of limitations: Generally until the child turns 21 (three years after the age of majority), or afterward “for good cause”
- Legal definition of father: Hawaii Statutes Section 584-4
In a Hawaii paternity action, a parent or another party with legal standing can ask a court to declare that a man is the legal and biological father of a child. If the mother of the child requests services from the Hawaii Child Support Enforcement Agency, that agency will help pursue a paternity order for free. A judge has the authority to compel the child and the parents to submit to DNA testing, although this does not happen in every case. If a court issues a final order establishing paternity, this will allow the mother to pursue child support from the father. The father’s name will appear on the child’s birth certificate, and the child will have access to the medical histories of paternal relatives, possibly in addition to benefits and inheritance rights.
Idaho
- Who can file: The mother (even if she is a minor), the guardian or next of kin of the child, an adult standing in a paternal relation to the child (including the putative father), or the department of health and welfare
- Statute of limitations: Generally until the child turns 18 (age of majority)
- Legal definition of father: Idaho Statutes Section 16-2002
An Idaho paternity case usually starts when a party with legal standing files a verified complaint for paternity in court, stating that a man is the legal and biological father of a child. If the parents do not agree before the proceedings conclude, a judge will decide paternity. There is no right to a jury in paternity cases. As part of the process, the judge may order genetic testing. They also can issue an arrest warrant if a putative father fails to appear in court. If a judge finds that paternity is established by the evidence, they will issue an order of filiation, which will result in adding the father to the child’s birth certificate. The court also may order the father to pay child support and review any request by the father to establish custody or visitation rights.
Illinois
- Who can file: The mother, a pregnant woman, a man or woman presumed or alleging to be the parent of the child, an intended parent, the child, the Illinois support enforcement agency or any other governmental agency authorized by law, the Illinois Department of Healthcare and Family Services, an authorized adoption agency or licensed child-placing agency, any person or public agency that has physical possession or custody of the child or has parental responsibilities or financial obligations for the child, or a legal representative of someone who would be entitled to maintain a proceeding but is deceased, incapacitated, or a minor
- Statute of limitations: Generally until the child turns 18, although the child can file at any time; different limits apply when a child already has a legal father
- Legal definition of father: 750 Illinois Compiled Statutes Section 46/201
An Illinois paternity action may unfold in administrative or judicial proceedings. In an administrative proceeding, an unmarried parent can submit an application to Illinois Child Support Services (part of the Department of Healthcare and Family Services). This may result in genetic testing and an administrative paternity order, which carries the same weight as a court order. Alternatively, a party with standing can file a judicial paternity action in the circuit court in the county where the mother, the alleged father, or the child lives. Since there is no right to a jury, a judge will decide paternity. If paternity is established, the judge can issue a child support order. They also can issue a custody order, which Child Support Services cannot do.
Indiana
- Who can file: The mother or expectant mother, the alleged father, the mother or expectant mother and alleged father filing jointly, the child (potentially through a guardian, guardian ad litem, or next friend), the department or a county office of family and children, and the prosecuting attorney
- Statute of limitations: Generally until two years after the birth of the child, but the child generally can file until they turn 20
- Legal definition of father: Indiana Code Section 31-9-2-9; Indiana Code Section 31-9-2-88; Indiana Code Section 31-9-2-100
In an Indiana paternity proceeding, a parent or another party with legal standing asks a court to declare that a man is the legal father of a child. This usually involves genetic testing, unless the parents agree on paternity before the case reaches a hearing. In some cases, a government agency may file in court if the state is providing public benefits to the child. If a judge rules that a man is the father, they also can issue orders involving child support and child custody. The father may be required to provide health insurance for the child, and the child can inherit from the father’s estate and receive benefits based on their relationship to the father.
Iowa
- Who can file: The mother, any other interested person, the authorities charged with supporting a child who is likely to be a public charge, or the child acting through a guardian or next friend if the mother is deceased or disabled
- Statute of limitations: Until the child turns 19 (one year after the age of majority)
- Legal definition of father: Iowa Code Section 144.12A
An Iowa paternity action may proceed through an administrative or judicial process. The Iowa Child Support Recovery Unit oversees administrative paternity proceedings involving a child when their parent seeks public benefits from the state. The CSRU has the authority to order compulsory DNA testing to determine paternity. Meanwhile, a district court can provide judicial review of a paternity action. If a judge finds that paternity should be established, they can issue a final order that adds the father to the child’s birth certificate. The father then can pursue custody or visitation rights, and the mother can ask the court for child support. The child may be able to qualify for health insurance coverage and other benefits through the father.
Kansas
- Who can file: Generally the child, any person on behalf of the child (e.g., the mother or the alleged father), or the secretary for children and families
- Statute of limitations: Generally until the child turns 21 (three years after the age of majority), but at any time to determine the existence of a presumed father-child relationship; until the child turns 18 (age of majority) if brought by the secretary for children and families
- Legal definition of father: Kansas Statutes Section 23-2205; Kansas Statutes Section 23-2208
A district court in a county where the mother, the alleged father, or the child lives may decide a Kansas paternity action. The action is usually filed by a parent, but the government may get involved if the child is receiving public benefits. Some paternity cases are resolved prior to trial, but otherwise the judge will determine whether paternity is established, usually based on genetic testing. A judgment of paternity will result in adding the father’s name to the child’s birth certificate and may lead to orders providing for matters such as child support, medical support, and child custody. The child can access the medical histories of the father and his relatives, and the child may be eligible for benefits and an inheritance through their relationship to the father.
Kentucky
- Who can file: The mother, the putative father, the child, a person or agency substantially contributing to the support of the child, or the county attorney or the Kentucky Cabinet for Health and Family Services upon the request of an authorized party
- Statute of limitations: Until the child turns 18
- Legal definition of father: Kentucky Revised Statutes Section 205.710
A Kentucky paternity proceeding may be pursued in the district court of the county where the mother, the putative father, or the child lives. If the mother seeks child support, the Kentucky Cabinet for Health and Family Services may pursue the action and may order mandatory genetic testing at no cost to the individuals involved. A party cannot request a jury trial in a paternity case. The judge may order mandatory genetic testing upon the request of any party in the case. If testing shows that the man is the father, the judge can issue a final judgment establishing paternity and order that the man’s name be added to the child’s birth certificate. Orders regarding child support, health insurance and medical costs, and custody may follow.
Louisiana
- Who can file: Generally the mother, the alleged father, the child, or the Child Support Enforcement Office of the Louisiana Department of Children & Family Services
- Statute of limitations: The father generally can file at any time until one year after the death of the child; the child generally can file at any time until one year after the death of the father
- Legal definition of father: Louisiana Children's Code Article 116
A judge in a Louisiana paternity action often will order genetic testing of the mother, the alleged father, and the child. If testing is ordered, all parties must comply. Sometimes the parties will agree on paternity without proceeding to a trial in court, but other cases require a full review by the judge. If the judge finds that paternity has been established, they can issue a final judgment that results in adding the name of the father to the child’s birth certificate. The mother then can seek child support from the father, while the father can ask the court for custody or visitation rights. The child will be able to access the medical histories of their paternal relatives and may qualify for benefits through the father, as well as an inheritance from the father’s estate.
Maine
- Who can file: The mother, a person whose parentage is to be adjudicated, the child, the Maine Department of Health and Human Services, or a legal representative of a person who would be entitled to maintain a proceeding but is deceased, incapacitated, or a minor
- Statute of limitations: Until the child turns 18
- Legal definition of father: Maine Revised Statutes Title 19-A, Section 1601
If paternity is contested or unclear, a parent or another party with legal standing can initiate a Maine paternity proceeding. The Division of Support Enforcement and Recovery of the Maine Office for Family Independence (part of the Department of Health and Human Services) sometimes pursues a paternity action if a child receives public benefits through the state. The Office of the Maine Attorney General may assist with cases in which DSER participates. A case may be resolved before a full hearing in court, but some cases go to trial. If paternity is established through a settlement or judgment, the court will have the authority to issue orders addressing child support and medical support, child custody and visitation, and other issues.
Maryland
- Who can file: Generally the mother, the alleged father, or the Maryland Office of Child Support Enforcement
- Statute of limitations: Generally until the child turns 18 (until the child turns 21 if they have a physical or mental infirmity that makes them dependent on a parent)
- Legal definition of father: Maryland Estates and Trusts Code Section 1-208
A Maryland paternity action usually leads to court-ordered genetic testing. A judge will order testing if any party in the case requests it, and all parties will be subject to testing. In some cases, paternity will be resolved through a settlement before the case reaches a trial. However, a judge may need to determine paternity at a trial and issue a judgment of filiation if paternity is established. The judge then can issue related orders to address child support and child custody and visitation. A father may also need to provide health insurance for the child and cover some of their medical expenses. If paternity is established, a child may be able to receive certain benefits through the father, and the name of each parent will appear on their birth certificate.
Massachusetts
- Who can file: The mother, a man presumed or alleging to be the father, the child, a guardian or next of kin or another person who is acting like a parent to the child, a parent or personal representative of a deceased father or mother (or a mother who has abandoned the child), an authorized agent of the department of children and families or a licensed agency that has custody of the child, or an agent of a state public assistance program
- Statute of limitations: None
- Legal definition of father: Massachusetts General Laws Chapter 209C, Section 6
Generally, a Massachusetts paternity proceeding unfolds once a party with legal standing files a complaint to establish paternity in the family court. A non-filing parent will receive notice of the proceeding and an opportunity to be heard. The court may order DNA testing to confirm or disprove paternity. If paternity is confirmed, the court can order that the man be added to the child’s birth certificate as their legal father. The court also can issue a child support order, and the father can ask the court for an order providing him with custody or visitation. The child may receive additional advantages from establishing paternity, including the right to inherit from the father’s estate and access to medical benefits and other benefits through the father.
Michigan
- Who can file: The mother, the father, the child in some cases, or the Michigan Department of Human Services
- Statute of limitations: Until the child turns 18
- Legal definition of father: Michigan Compiled Laws Section 722.1002; Michigan Compiled Laws Section 722.1003
A Michigan paternity action usually begins when a parent or another party with legal standing files a complaint to establish paternity in court. A complaint may be filed in the county where the mother lives or the county where the child lives. If paternity is contested throughout the proceedings, a court eventually may order genetic testing. A positive test result likely will lead to an order of filiation, which establishes paternity and places the father on the child’s birth certificate. If the father denied paternity, but paternity is established, he may be ordered to pay for testing. A father then can pursue child custody, while a mother can pursue child support. A child will receive inheritance rights and potentially certain benefits related to the father.
Minnesota
- Who can file: The mother, a man alleged or alleging to be the father, the child (through a personal representative), a personal representative or parent of a deceased or minor mother or father, or the public authority charged with supporting the child
- Statute of limitations: Generally until the child turns 19 (one year after the age of majority)
- Legal definition of father: Minnesota Statutes Section 257.52; Minnesota Statutes Section 257.55
To resolve a dispute over paternity, a party with legal standing can file a Minnesota paternity proceeding in court, seeking an order of filiation. The proceeding must be filed in a district court that has jurisdiction over a child or a non-filing parent. While a parent or a child most often files a paternity action, a representative of the state can pursue an order of filiation on behalf of the public if the child is receiving public benefits through the state. Genetic testing usually serves as the basis for a paternity decision. If a man is confirmed as the father, he may be ordered to pay the costs of testing. The father also may be ordered to pay child support and provide health insurance coverage, and he can seek child custody or visitation rights.
Mississippi
- Who can file: Generally the mother, the putative father, the child, or the Mississippi Department of Human Services
- Statute of limitations: Until the child turns 21 (age of majority), unless they are previously emancipated
- Legal definition of father: Mississippi Code Section 43-21-105
A Mississippi paternity action usually begins when a parent or a child files a court case to determine the identity of the child’s father. A paternity case should be filed in the county where the child lives, the county where the mother lives, or the county where the alleged father lives or holds property. Genetic testing of the mother, the alleged father, and the child usually will determine the outcome of a paternity case. While a case may be filed during pregnancy, it will not be decided until the child is born. Establishing paternity results in placing the father on the child’s birth certificate, and it may provide a foundation for child support and custody. A father also may need to pay pregnancy expenses and provide health insurance for the child.
Missouri
- Who can file: The mother, a man presumed or alleging to be the father, the child, any person who has physical or legal custody of the child for more than 60 days, or the family support division
- Statute of limitations: Generally until the child turns 18; the child generally can file until they turn 21
- Legal definition of father: Missouri Revised Statutes Section 210.817; Missouri Revised Statutes Section 210.822
Often, a Missouri paternity dispute results in a circuit court proceeding in which a judge determines the father of a child. An action may be pursued in the county where the mother or the alleged father lives, the county where the child lives, or a county where proceedings to settle the estate of a deceased putative father are held. In other situations, a parent may ask the Missouri Family Services Division to conduct genetic testing to help determine the identity of a father. The Family Services Division may pay the costs of genetic testing in some cases. If paternity is established, the name of the putative father will appear on the child’s birth certificate as their legal father. Moreover, a court can order child support and arrange for child custody.
Montana
- Who can file: Generally the mother, a man alleged or alleging to be the father, the child or their personal representative, a personal representative or parent of a deceased mother or a deceased or minor father, or the department of public health and human services or its appropriate local affiliate
- Statute of limitations: The child generally may file until they turn 20 (two years after the age of majority); a state agency generally may file until the child turns 18 (age of majority)
- Legal definition of father: Montana Code Section 40-6-102; Montana Code Section 42-1-103; Montana Code Section 42-2-201
A Montana paternity action may be filed by a parent or another party with legal standing in a district court. In some cases, the Montana Department of Public Health and Human Services (through its Child Support Enforcement Division) will file a paternity action on behalf of a child. A court often will rely on genetic testing of the mother, the alleged father, and the child. A finding of paternity requires a 95 percent likelihood that a man is the biological father of a child. This will result in naming the man as the father on the child’s birth certificate, and it may lead to orders governing related family law matters, such as child support and custody. While a paternity proceeding can start while the mother is pregnant, it may not be resolved until the child is born.
Nebraska
- Who can file: The mother, the alleged father, the guardian or next friend of the child, or the state (typically the Nebraska Department of Social Services)
- Statute of limitations: Until the child turns 18 when brought by the guardian or next friend or the state; generally within four years of the child’s birth when brought by the mother or the alleged father
- Legal definition of father: Not provided by statute
A parent or another party with legal standing can start a Nebraska paternity proceeding by filing a paternity petition in court. Since this is necessary only if paternity is disputed, a court typically will order the child, the mother, and the alleged father to undergo genetic testing. If the alleged father does not comply, the court may treat non-compliance as evidence of paternity, although this does not automatically result in a finding of paternity. If a court establishes paternity, the mother can ask the court to order the father to pay child support and provide medical insurance. A court sometimes may award childbirth costs and past child support for up to four years after the birth of the child. Meanwhile, the father can pursue child custody or visitation rights.
Nevada
- Who can file: The mother, a man presumed or alleged to be the father, the child, or an interested third party (such as the Nevada State Welfare Division)
- Statute of limitations: Until the child turns 21 (three years after the age of majority)
- Legal definition of father: Nevada Revised Statutes Section 128.016; Nevada Revised Statutes Section 126.021; Nevada Revised Statutes Section 126.051
A Nevada paternity action usually begins when a party with legal standing files a case in the district court. Since paternity is contested or unknown when a court action is initiated, a court may order the mother, the alleged father, and the child to submit to genetic testing. Compliance is mandatory, and a court may be more likely to establish paternity if an alleged father does not comply with this order. A positive result from a DNA test usually will lead to an order of paternity, which will add the man as the father to the child’s birth certificate. In addition to receiving child support and health insurance from the father, a child will become eligible to inherit from the father’s estate and receive certain benefits through the father.
New Hampshire
- Who can file: The mother, the putative father, the child, or a public authority chargeable with supporting the child
- Statute of limitations: Until the child turns 18
- Legal definition of father: New Hampshire Revised Statutes Section 170-B:2
If paternity is not easily established, a parent or another party with legal standing can file a New Hampshire paternity action in court. This often occurs when a man denies paternity or when a mother does not know which man is the father of her child. If paternity continues to be contested as the proceedings move forward, a court may eventually order genetic testing. A judge will establish paternity if genetic testing shows that a man is the biological father of the child. This can lead to orders establishing child support and child custody. A mother sometimes can ask the court for compensation for childbirth costs and past child support for the first four years after the child’s birth. A father also may need to provide health insurance coverage for a child.
New Jersey
- Who can file: The mother, a man alleged or alleging to be the father, the child, a legal representative of the child, the estate or legal representative of a deceased or minor mother or father, the Division of Family Development in the New Jersey Department of Human Services, a county welfare agency, or any other interested party as determined by a court
- Statute of limitations: Until the child turns 23 (five years after the age of majority)
- Legal definition of father: New Jersey Revised Statutes Section 9:3-38; New Jersey Revised Statutes Section 9:17-39; New Jersey Revised Statutes Section 9:17-43
A New Jersey paternity action usually starts when a parent or another party with legal standing files a case in a New Jersey Superior Court. This may result in genetic testing if the parents fail to reach an agreement or if the mother is uncertain about which of two or more men is the father. A person who has been ordered to undergo genetic testing must comply or face the risk of an involuntary determination of paternity in some situations. Paternity actions may start before a child is born, but a court cannot establish paternity until after the birth. If a court establishes paternity, a mother may ask the court to order child support and health insurance coverage, and a father can ask the court to arrange for custody and visitation.
New Mexico
- Who can file: The mother, a man whose paternity of the child is to be adjudicated, the child, the support enforcement agency, an authorized adoption agency or licensed child-placing agency, or a legal representative of a person who would be entitled to maintain a proceeding but is deceased, incapacitated, or a minor
- Statute of limitations: Generally until the child turns 21 (three years after the age of majority), but the child generally can file at any time
- Legal definition of father: New Mexico Statutes Section 32A-5-3
When paternity is not easily resolved, a parent or another appropriate party may pursue a New Mexico paternity action in court. Generally, an individual will file this action, but the child support enforcement agency can seek a finding of paternity if the state is providing public benefits to the child. If paternity is contested or uncertain, the court can order the child, the mother, and the alleged father to undergo genetic testing. If an alleged father refuses to undergo testing as ordered by a court, his failure to comply may result in an involuntary finding of paternity. Establishing paternity can result in orders of child custody and support, and it also can open the door for a child to inherit from the father’s estate and receive certain benefits through the father.
New York
- Who can file: The mother (even if she is a minor), a person alleging to be the father (even if he is a minor), the child, a guardian of the child or another person who is the child’s next of kin or standing in a parental relation to the child, an authorized representative of an incorporated charitable or philanthropic society, or a local public welfare official in some cases
- Statute of limitations: Generally until the child turns 21
- Legal definition of father: Not provided by statute
A New York paternity action generally starts when a party files a paternity petition in the family court in a county where either the petitioner or the respondent lives. If a court finds paternity, it can issue an order of filiation that establishes the man as the legal father of the child. The respondent will receive notice of the petition and an opportunity to be heard. Each party has a right to hire a lawyer, and a court may assign a free lawyer to a party who cannot pay for a lawyer. Unless the parents consent to paternity, a court may order DNA testing. If the parents still disagree after receiving the test results, a court will hold an evidentiary hearing at a later date. The burden of proof will depend on the likelihood of paternity shown by testing.
North Carolina
- Who can file: The mother, the father, the child, a personal representative of the mother or the child, or the local director of social services or the equivalent in some cases
- Statute of limitations: Until the child turns 18
- Legal definition of father: Not provided by statute
A party with legal standing can start a North Carolina paternity action by filing a complaint in superior court. Most often, a parent starts a paternity action, but a state entity can start the action if the state is providing public benefits to the mother or the child. Sometimes a paternity case will be resolved before trial, but a judge will need to determine paternity if it is contested. Paternity usually hinges on genetic testing, which a court can order. A 97 percent probability that a man is the biological father of a child is required to establish paternity in North Carolina. If this threshold is met, a judge will establish paternity. They also can issue orders providing for financial support for the child and determining where the child will live.
North Dakota
- Who can file: The mother, a man whose paternity is to be adjudicated, the child, the support enforcement agency, an authorized adoption agency or licensed child-placing agency, or a legal representative of a person who would be entitled to maintain a proceeding but is deceased, incapacitated, or a minor
- Statute of limitations: Generally until the child turns 18, but the child may file at any time; different limitations apply if the child already has a legal father
- Legal definition of father: North Dakota Century Code Sections 14-20-02 and 14-20-10
Someone seeking to establish paternity can file a North Dakota paternity action in a district court. Most often, a parent files this action, but the child support enforcement agency may file if the mother or the child is receiving benefits from the state. Any party involved in the proceeding has a right to request genetic testing, and the court must order it upon request. A party of whom genetic testing is ordered must submit or face penalties for contempt of court, such as jail time and fines. If a case reaches trial without genetic testing, the judge will order testing at that stage. A final paternity order will add the father to the child’s birth certificate and may lead to additional orders affecting the parents and the child, including orders of child custody and support.
Ohio
- Who can file: The mother or her personal representative, a man alleged or alleging to be the father or his personal representative, the child or their personal representative, or the child support enforcement agency of the county where the child lives
- Statute of limitations: Until the child turns 23 (five years after the age of majority)
- Legal definition of father: Ohio Revised Code Section 3111.01; Ohio Revised Code Section 3111.03
A parent or another party with legal standing can file an Ohio paternity action. The state child support enforcement agency will pursue the case if either the child or the mother receives public benefits. The child support enforcement agency may order the child, the mother, and the alleged father to undergo DNA testing. A positive test result will lead to an administrative order of establishment of paternity, which carries the same weight as a court order. However, it does not provide for child custody. If the child support enforcement agency does not resolve paternity, a judge in a juvenile probate court will decide paternity. A judge also can order genetic testing and use the results to determine paternity and related issues, such as child custody and support.
Oklahoma
- Who can file: The mother, a man whose paternity of the child is to be adjudicated, the child, the Oklahoma Department of Human Services, or a legal representative of a person who would be entitled to maintain a proceeding but is deceased, incapacitated, or a minor
- Statute of limitations: Generally until the child turns 18, but the child may file at any time
- Legal definition of father: Oklahoma Statutes Section 10A-1-1-105v1; Oklahoma Statutes Section 10-7700-102
An Oklahoma paternity action usually starts when a parent files a lawsuit in court. If the mother or the child is receiving public benefits from the state, the Child Support Services branch of the Oklahoma Department of Human Services can pursue the action. In some cases, the parents may agree that the man is the father of the child without going to a trial. Otherwise, a judge will need to determine paternity upon reviewing the evidence, including genetic testing. A finding of paternity requires a 99 percent or greater probability shown by genetic testing. A man who contests paternity and is established as the biological father must repay the state for the cost of the test. A paternity order may lead to orders regarding child support and child custody.
Oregon
- Who can file: The mother (or expectant mother); a man claiming to be the father; the child (through a guardian ad litem); a guardian of the child, conservator of the child’s estate, or guardian ad litem for the child if they have physical custody of the child or are providing support for the child; or the Administrator of the Division of Child Support of the Oregon Department of Justice or a District Attorney
- Statute of limitations: None
- Legal definition of father: Oregon Revised Statutes Section 109.070
An Oregon paternity proceeding starts when a party files a petition to establish paternity in a circuit court. If the paternity of a child who is a minor (under 18) is contested, a parent can ask the District Attorney’s office in their county or the Division of Child Support of the Oregon Department of Justice to assist them with the proceedings. A mother who receives public benefits from a state agency will receive assistance from DCS automatically. A court may require genetic testing to help determine paternity. However, a trial may be needed if the parents do not agree on paternity after genetic testing. Once a judge issues a finding of paternity, they can issue orders on related matters, such as child custody and child support.
Pennsylvania
- Who can file: Generally the mother, the putative father, or any person caring for the child
- Statute of limitations: Until the child turns 18
- Legal definition of father: Pennsylvania Consolidated Statutes Title 23, Section 5102
A parent or another party with legal standing can start a Pennsylvania paternity action by filing a petition to determine paternity in the Family Court. In some cases, a mother who has custody of a child will trigger a paternity evaluation by filing a complaint for child support. If the parents agree on paternity, the court can immediately issue an order establishing paternity and adding the father to the child’s birth certificate. If paternity is contested, the court can order the alleged father and the child to undergo DNA testing. The court will issue an order of paternity upon receiving a positive DNA test. This will entitle the mother to receive child support from the father if needed, and it will entitle the father to request child custody or visitation rights as appropriate.
Rhode Island
- Who can file: The mother, the father, the child, or the public authority charged by law with supporting the child
- Statute of limitations: Until the child turns 22 (four years after the age of majority)
- Legal definition of father: Rhode Island General Laws Section 15-8-3
A Rhode Island paternity proceeding starts when a parent or another party with legal standing files a complaint for paternity in a Family Court. Sometimes the Rhode Island Office of Child Support Services will help the mother of a child file the legal documents. If paternity is contested, a court usually will decide based on genetic testing of the child, the mother, and the alleged father. An order of paternity will result in adding the father to the child’s birth certificate, and it enables the mother to ask the court to order the father to pay child support. Conversely, a father can ask the court to order custody or visitation with the child. In addition to the right to inherit from the father’s estate, the child may receive benefits through the father.
South Carolina
- Who can file: The mother, a person who claims to be the father, the child, any person in whose care the child has been placed, or an authorized agency such as the South Carolina Department of Social Services
- Statute of limitations: None
- Legal definition of father: South Carolina Code of Laws Section 63-9-310
A South Carolina paternity action often starts with the filing of a petition to establish paternity in a Family Court. Other ways to trigger an evaluation of paternity include requesting a DNA test through the South Carolina Department of Social Services or filing for child support in court. If the court finds that a man is the biological father of the child, it will issue an order adding him to the child’s birth certificate. A court also may issue related orders affecting child custody and support. When paternity is established, a child may have access to health insurance, Social Security benefits, and other benefits through their father. They also will have the right to inherit from the father’s estate, among other advantages.
South Dakota
- Who can file: Generally the mother, the putative father, or the South Dakota Department of Social Services
- Statute of limitations: Until the child turns 18
- Legal definition of father: South Dakota Codified Laws Section 25-5A-1
In many cases, a South Dakota paternity action starts when a parent files a petition to establish paternity in a circuit court. In other situations, a mother who has custody of a child may start a paternity proceeding by pursuing child support, which automatically triggers an evaluation of paternity when a child does not have a legal father. The proceeding will end efficiently if the alleged father acknowledges paternity, but a judge can order DNA testing if paternity is contested. A judge will issue a judgment of paternity if DNA testing shows that the man is the child’s biological father. Other orders may be issued during a paternity proceeding, including orders to establish child support and child custody.
Tennessee
- Who can file: The mother; a man claiming to be the child’s father; the child (through a guardian or next friend if the child is a minor); a parent, personal representative, or guardian of a minor mother or alleged father; or the Tennessee Department of Human Services or its contractor
- Statute of limitations: Until the child turns 21 (three years after the age of majority)
- Legal definition of father: Tennessee Code Section 36-2-302; Tennessee Code Section 36-2-304
A Tennessee paternity proceeding usually begins with the filing of a petition to establish parentage in a court. A party can file in the county where the child, the mother, or the alleged father lives. Any dispute regarding paternity is generally settled by DNA testing, which involves swabbing the inside of the cheeks of the child, the mother, and the alleged father. The court will issue an order establishing paternity if testing shows that the man is the biological father. This will result in adding the man’s name to the child’s birth certificate. The court may order the man to pay child support and provide for child custody or visitation. Establishing paternity may provide the child with access to medical benefits and inheritance rights, among other things.
Texas
- Who can file: The mother, a man whose paternity of the child is to be adjudicated, the child, the support enforcement agency or another authorized government agency, an authorized adoption agency or licensed child-placing agency, an intended parent, a person related within the second degree of consanguinity to the mother if the mother is deceased, or the legal representative of a person who would be entitiled to maintain a proceeding but is deceased, incapacitated, or a minor
- Statute of limitations: Generally none, unless the child already has a legal father
- Legal definition of father: Texas Family Code Section 160.102; Texas Family Code Section 160.204
A parent or another eligible party may start a Texas paternity action by filing a petition to adjudicate parentage in the county where the child lives. The mother and the alleged father each have a right to be represented by an attorney. A non-filing parent will receive notice of the proceeding and will be able to appear in court, where they can contest or agree to paternity. If the parents agree on paternity, this will end the case, and the court will issue an order adjudicating parentage and potentially resolving other matters related to the child. If the non-filing parent does not appear in court, the court can issue a default order with the same effect. If the non-filing parent contests paternity, the court will base its decision on DNA testing.
Utah
- Who can file: The mother, a man whose paternity is to be adjudicated, the child, the support enforcement agency or other authorized governmental agency, an authorized adoption agency or licensed child-placing agency, an intended parent under a gestational agreement, or a legal representative of a person who would be entitled to maintain a proceeding but is deceased, incapacitated, or a minor
- Statute of limitations: Generally until the child turns 18, but generally the child may file at any time
- Legal definition of father: Utah Code Section 78B-15-102
In general, a Utah paternity proceeding starts when a petition to adjudicate paternity is filed in the county where the child lives. Either a district court or a juvenile court may hear these actions. Genetic testing will determine paternity in any case in which it is contested or unclear. A finding of paternity will result in adding the name of the father to the child’s birth certificate, and it may also result in arrangements for child custody and child support. The Utah Office of Recovery Services also may launch an administrative paternity action when a child receives government benefits. This proceeding is largely similar to a court proceeding, and ORS orders carry the same weight as court orders, but ORS cannot determine custody or visitation.
Vermont
- Who can file: The person who gave birth to the child (in most cases), a person whose parentage is to be adjudicated, the child, a person who is a parent under Vermont law, the Vermont Department for Children and Families (including the Office of Child Support), or a legal representative of a person who would be entitled to maintain a proceeding but is deceased, incapacitated, or a minor
- Statute of limitations: None
- Legal definition of father: Vermont Statutes Title 15A, Section 1-101
A Vermont paternity case usually begins when a party files an action to establish parentage in the county where the child lives. Paternity cases are heard in the Family Division of the Superior Court. After a non-filing parent is served notice of the proceedings, they can appear in court and agree to paternity or contest paternity. If they agree to paternity, the court can sign a written stipulation that establishes parentage. If paternity is contested, genetic testing will conclusively determine whether a man is the biological father of the child. If the non-filing parent does not appear in court after receiving notice of the proceedings, a court can issue a default order establishing parentage and imposing the same obligations as if they appeared.
Virginia
- Who can file: A parent, a person claiming parentage, the child, a person standing in loco parentis to the child or having legal custody of the child, or a representative of the Department of Social Services or the Department of Juvenile Justice
- Statute of limitations: None
- Legal definition of father: Not provided by statute
A party with standing can initiate a Virginia paternity proceeding by filing a petition to establish paternity in the Juvenile and Domestic Relations Court in the county of the child’s residence. A non-filing parent will receive notice of the proceeding, and they may be subject to a default order establishing paternity if they fail to appear. Sometimes the parents both appear in court and agree to paternity, which ends the proceeding. However, if the parents do not agree on paternity, the court can require the mother, the alleged father, and the child to undergo DNA testing. This will determine the outcome of a contested paternity action. If a judge finds in favor of paternity, they will add the father’s name to the child’s birth certificate and may issue related orders.
Washington
- Who can file: The mother (in most cases), an individual whose parentage of the child is to be adjudicated, an individual considered a parent under Washington law, the child, the division of child support, an authorized adoption agency or licensed child placement agency, or a legal representative of a person who would be entitled to maintain a proceeding but is deceased, incapacitated, or a minor
- Statute of limitations: None
- Legal definition of father: Washington Revised Code Section 26.26A.010; Washington Revised Code Section 26.26A.115
A Washington paternity action usually begins when a party files a petition to establish parentage in the county where the child lives. A non-filing parent will receive notice of the petition and an opportunity to be heard. If a putative father does not appear, the court can declare him the father of the child by default. In other situations, the parents may agree in court that the man is the father, which will lead automatically to an order establishing parentage. If the non-filing parent chooses to contest paternity, the court can order genetic testing of the child, the mother, and the alleged father. If testing shows that the man is the father, the court can issue an order of parentage. The court can issue orders regarding child custody and support at the same time.
West Virginia
- Who can file: The mother if she has physical or legal custody of the child (in most cases), a man who believes that he is the father of a child born out of wedlock if there has been no prior judicial determination of paternity, the child (through a next friend if they are a minor), a guardian or committee of the child, anyone with physical or legal custody of the child, or the State of West Virginia (including the Bureau for Child Support Enforcement)
- Statute of limitations: Generally until the child turns 18, but the child may file until they turn 21
- Legal definition of father: West Virginia Code Section 48-22-105; West Virginia Code Section 48-22-109; West Virginia Code Section 48-22-110; West Virginia Code Section 48-22-113; West Virginia Code Section 48-22-114
A West Virginia paternity action usually starts with a petition to establish paternity in a circuit court. Sometimes a non-filing parent will acknowledge paternity when they receive service of the petition. Otherwise, the mother, the alleged father, and the child may need to submit to genetic testing. If a judge finds in favor of paternity, each parent will need to complete a parent education class. They must provide the court clerk with a certificate of completion. A judge who makes a finding of paternity also may decide related issues, such as child custody and child support. Establishing paternity gives a child the right to inherit from each parent, and it may provide them with access to certain benefits, such as medical insurance.
Wisconsin
- Who can file: Generally the mother, the presumed father, a man alleged or alleging to be the father, the child, the legal or physical custodian of the child, a guardian ad litem appointed for the child, a grandparent of the child if they may be required to support the child because the child’s parent is dependent on the grandparent, the State of Wisconsin, or the personal representative of the mother, the child, the presumed father, or an alleged or alleging father if any of these people has died
- Statute of limitations: Until the child turns 19
- Legal definition of father: Wisconsin Statutes Section 48.02; Wisconsin Statutes Section 891.405
A parent or another party with standing can file a Wisconsin paternity petition in the county where the child lives. A non-filing parent then will receive service of the petition and will be entitled to appear at a hearing to decide paternity. A judge may order genetic testing for the alleged father and the child. A finding that there is a greater than 99 percent chance that the man is the father of the child will lead to a finding of paternity unless a party can present convincing evidence to the contrary. Before the case reaches a full trial, the parties will have an opportunity to present evidence at a pre-trial hearing. The judge then can recommend that the alleged father acknowledge paternity or that the case be dismissed, avoiding a full trial.
Wyoming
- Who can file: The mother, a man whose paternity of the child is to be adjudicated, the child, an authorized adoption agency or licensed child-placing agency, the child support enforcement agency, or a legal representative of a person who would be entitled to maintain a proceeding but is deceased, incapacitated, or a minor
- Statute of limitations: Generally until the child turns 18, but generally the child can file at any time
- Legal definition of father: Wyoming Statutes Section 1-22-101
A Wyoming paternity action typically begins when a party files a petition in a district court. They can file in the county where the mother, the child, or the alleged father lives. The petition also can request court orders related to child support and child custody and visitation. If the court orders genetic testing, this may lead to an agreement between the parents on paternity. Otherwise, the court can hold a hearing and make a determination regarding paternity based on the evidence and testimony presented. Just as a paternity petition can address child custody and support, an order following a paternity hearing can cover these matters. Establishing paternity also provides a right of inheritance and potential access to benefits.