What does it mean, to establish paternity by court action or operation of law? Isn't paternity established by a paternity test,

Asked almost 2 years ago - Palm Beach, FL

or a signed agreement by the parties as to whom the father is?

Attorney answers (1)

  1. Heather Morcroft

    Contributor Level 20


    Lawyers agree

    Answered . Not legally, no. Scientifically, biological paternity is established to an almost certainty by testing. However legally it is not so simple. If a woman is married, her husband is the legal father of the child regardless of who the biological father is unless a court disestablishes his paternity and declares someone else the father. So paternity as a consequence of marriage would be by operation of law. In every other instance, paternity must be established by court order. Signing the affidavit that you sign to be on a birth certificate establishes a presumption of paternity, but it does not establish paternity.

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