Paternity means fatherhood.  Paternity becomes an issue when a child is born of unmarried parents.  If a child's parents are not married, paternity can be established through voluntary acknowledgment of paternity or through court proceedings.  An acknowledgment of paternity is a document that can be signed by both parents while the mother is still in the hospital to legally establish the identify of the child's father.  A paternity proceeding is a court proceeding to establish the identify of the child's biological father. 

A paternity petition may be filed by the child's mother or by a man who believes that he is the father of the child or a third person, if he or she has custody of the child.  If the child is receiving public assistance, the Department of Social Services may file a petition against the alleged father seeking an Order of Filiation and an Order of Support.

If the alleged father admits that he is the father of the child, the court will enter an Order of Filiation naming him as the child's father.  If the alleged father does not make that admission, the court may order genetic marker tests of both parties and the child to ascertain how probable it is that the alleged father is the biological father of the child. 

The establishment of paternity gives the father certain legal rights with respect to the child, such as the right to custody and/or visitation with the child and gives the child certain legal rights with respect to the father, such as the right to inherit from him, or receive benefits, including Social Security, medical and life insurance, and veterans' benefits.  It also obligates the father to undertake certain legal duties with respect to the child, such as the duty to support him or her.

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