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How Is Paternity Established in Indiana?

How Is Paternity Established in Indiana?

Welcoming a new child into the world brings immense joy and deep responsibility. Knowing a child’s legal parents forms the foundation of their identity, financial security and emotional well-being. Establishing paternity gives a child a legal father. This vital legal process grants the child access to benefits like health insurance, inheritance and child support. Indiana offers several pathways to establish paternity. You can explore these options alongside the friendly and professional attorneys at McNeelyLaw LLP.

Establishing paternity in Indiana involves:

  • Signing a Paternity Affidavit at the hospital
  • Completing a Paternity Affidavit at the local health department
  • Filing a paternity action in a court of law

What Is a Voluntary Acknowledgment of Paternity in Indiana?

The simplest way to establish fatherhood is through a voluntary acknowledgment. Parents can establish paternity within the first 72 hours after their child’s birth by completing and signing a Paternity Affidavit at the hospital. By signing this document, both parents state under oath that the man signing is the biological father.

If you do not sign the document at the hospital, you still have time. You can complete a Paternity Affidavit at the local health department at a later date before the child is emancipated, given no other father is named.

How Does Genetic Testing Help Establish Paternity?

Sometimes parties need absolute certainty before assuming legal responsibilities. If concerns exist about whether a man is the biological father, genetic testing provides a clear scientific answer.

Keep the following points in mind regarding genetic testing in Indiana:

  • A man who signs a Paternity Affidavit has 60 days to request genetic testing in court.
  • An accredited laboratory must perform the genetic test for the results to be legally admissible.
  • A home paternity test will not hold up for legal purposes.

Who Can file a paternity case in Court?

When parents disagree or refuse to sign an affidavit, one party can file a paternity case in court. Indiana law allows several different parties to file the case:

  • The mother or pregnant woman
  • The man who believes he is the father of the child
  • The mother and father filing together
  • The child
  • The child support prosecuting attorney

If a party files a case, the court will review the evidence and issue a ruling. The judge can order genetic testing if either party requests it.

What Are the Rights and Responsibilities After Establishing Paternity?

Once the state officially recognizes a man as the father, several rights and responsibilities immediately activate. The court will issue orders regarding custody, parenting time and child support. The mother retains sole legal custody unless both parents agree to joint legal custody and complete all required legal steps.

Establishing fatherhood gives the child a sense of belonging. The child gains the right to inherit from the father and receive benefits like life insurance or Social Security. Furthermore, having a legal father gives the child and mother access to the father’s family medical history.

How Can I Get Help Establishing Paternity in Indiana?

Establishing paternity provides lifelong benefits for parents and children alike. Whether you choose to sign a voluntary affidavit, request genetic testing or file a court action, handling family law matters requires careful attention to detail. Our team at McNeelyLaw LLP provides the outstanding client service you need to protect your future.

We treat every client with dignity, respect and fairness. Contact McNeelyLaw LLP today to schedule a consultation with our experienced paternity lawyers.

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