A paternity action is a legal action that is used to determine who the legal father of the child. What does that mean? Most people think that biology or that DNA test will establish paternity. That could be the case but it’s not the only avenue or the only way to establish who the child’s father is. Other ways can be considered as well. For example, when the child was born at the hospital, the hospital staff usually provides the father with a stack of paper, we call it the voluntary declaration of paternity. If the father signs those documents, and usually the father’s name is included on the child’s birth certificate that is one way to establish paternity. If the child is born into the marriage, even if the child is not biologically linked to the husband, the mere fact that the child was born while a couple were married, that would establish paternity.
There are a lot of presumptions of paternity. For example, if someone or a father figure takes the child into his house, and holds the child as his own child, that would be also a presumed father but in order for the presumed father to become a legal father, we need a paternity action. That is a paternity action.
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