If a fathers name is on the birth certicate does he still have to pay child support if a DNA test proves he isn't the father?

Asked over 1 year ago - Harrisburg, PA

n/a

Additional information

The father signed paperwork when the child was born saying he was the father and to put his name on the birth certificate. When he went to domestic relations he was offered a dna test before any money changed hands so to say but he waved it saying the child was his.

Attorney answers (3)

  1. Norman Antonio Stiteler

    Contributor Level 15

    1

    Lawyer agrees

    Answered . It really depends on the specific facts. The common law presumption is that a child born in a marriage is the child of the husband, yet with the advance of DNA testing some of these presumptions have begun to be turned on their heads.

    Is this in a marriage?

    Has the man acknowledged the child or has his name been put on the birth certificate by the mom?

    Sometimes this is done unilaterally without the knowledge of the man, and, if so, and he can establish that he isn't the Dad through DNA testing, then he probably will not be required to pay support.

    The man should have an attorney to represent him.

    I am licensed in New Mexico and Pennsylvania, and therefore any discussion of issues related to other states must... more
  2. Tracy Marie Sheffer

    Contributor Level 11

    Answered . From the facts you have presented this gentleman may be estopped from challenging the issue of paternity at this time and will have to continue paying support. Typically if one signs an acknowledgement of paternity, DNA tests are not even offered. Your facts indicate that he was offered testing and rejected it. Make an appointment with an attorney in your county that handles support matters on a regular basis.

  3. Alan James Brinkmeier

    Contributor Level 20

    1

    Lawyer agrees

    Answered . If he acted like the Dad then a later test may not get him out of the acknowledgment.

    See a PA attorney on this right away. This is too complex for an online forum like Avvo

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