Paternity Establishment
Paternity establishment means determining the father of a child. If a child's parents were not married to each other when the child was born, the law does not recognize the father unless paternity is legally established. Establishing paternity will give your child the same rights and benefits as children born to married parents. These rights and benefits include:
- Father's name is on the birth certificate
- Legal proof and identity of the child's parents
- Family medical history (helpful with inherited health issues)
- Medical or life insurance from either parent (if available)
- Financial support from both parents, including child support, inheritance, military allowances, social security, and/or veteran benefits.
Establishing paternity gives the father and mother legal rights to:
- Seek a court order for child support
- Seek a court order for custody or visitation
- Have a say in certain legal decisions about the child
The easiest way to establish paternity is administratively (without going to court) via the Voluntary Acknowledgement of Paternity (VAP) program whereby both parents sign a legal document, agreeing the child is theirs.
Signing the VAP can be done at the hospital after the baby is born, or at a local office of Vital Statistics, or Child Support Enforcement office, anytime until the child turns 18, or 19 years of age if the child is still in High School.
When unmarried parents sign the VAP, the father's name will be placed on the birth certificate by the Office of Vital statistics. If either parent changes their mind, they have 60 days to appeal.
If a couple is not sure who the biological father is, the mother, father, and child(ren) should obtain a paternity (genetic or DNA) test. The test can show up to 99% probability whether a man is the child's biological father.
Delaware's Private Paternity Testing Program now offers a discounted rate of $100.00 per person, for a total of $300.00 per test trio: mother, child, and alleged father. To learn more about paternity testing opportunities, please call our Automated Assistance Line (AAL) by dialing 302-577-7171 in NCC, 302-739-8299 in KC, and 302-856-5386 in SC.
