A man could still be required to pay child support if he was never married to the mother and is not the biological father, if paternity is established. When a baby is born, one of the most important things to do is to establish paternity of the child. Establishing paternity, meaning who is the father, is the best way to protect the child, mother, and father and their rights to child support or visitation. There are many different types of fathers, including fathers who are not biologically related. If paternity is established for a man, he will have to pay child support regardless if he is the biological father.
One of the first things that happen when a baby is born is naming the child and getting a birth certificate. The best way to determine paternity is to name the father on the birth certificate. All states offer unmarried parents the opportunity to voluntarily sign a form which acknowledged paternity. Hospital personnel might an effort to get the father’s signature on the form to ensure mothers on welfare have someone available to pay child support.
In California the only way an unmarried father’s name can be on a certificate can be placed on a child’s birth certificate is if the father signs the declaration of his paternity. Paternity can not be established if the father is not present at the hospital to sign the form, but the father’s name can be added to the birth certificate at a later time.
Many people are unaware that a father could still be considered the father, even if he is not the biological father. The declaration of paternity is as legally binding as a court order; once it is signed, the father is required to pay child support. There can be a couple of different types of parents which have to pay child support and do not have to be biologically related, including:
- Presumed father. To be a presumed father, a man must either have been married to the mother when the child is born, have tried to marry the mother at the time the child was conceived or born, have married the mother after the child’s birth and agreed to have his name on the birth certificate, or have welcomed the child openly into his home. A presumed father does not have to be the biological father, and he must pay child support if this type of paternity is established.
- Equitable parent. A parent is an equitable parent when a spouse who is not legally married has a close relationship with the child which is encouraged by the biological parent. An equitable parent is not a biological parent, and can be a mother or a father. If the courts grant an equitable parent custody or visitation, the equitable parent must pay child support.
A paternity action suit can be filed by either the mother or father of the child if necessary. Paternity actions are usually initiated by a welfare official for provides aid to the the mother and is required by law to seek reimbursement by the father. Blood and DNA tests can determine paternity with 99.99 percent accuracy. However, the man can also be determined as the father and required to pay child support if he is not the biological father, if he welcomed the child into his home and openly held the child out as his own.
