Paternity Establishment

1. Paternity can be established at the time of the birth of a child born to an unmarried woman.Upon the birth of a child to an unmarried woman, an agent of the hospital or birthing center is to provide the unmarried newborn’s mother and father with an opportunity to complete an affidavit acknowledging paternity or “Paternity Acknowledgment.” 
   
2. Paternity can be established anytime after the birth of a child, but it must be established before a child’s 18th birthday.

Paternity can be established at the hospital/birthing center, or at the McKean County Domestic Relations Office, 16975 Route 6, Smethport, PA  16749.

There are two ways to establish paternity. 

A mother and father can voluntarily sign an “Acknowledgment of Paternity” form at the hospital or birth center at the time of the child’s birth or at the McKean County Assistance Office after the child’s birth.  The form used is the PA/CS 611.*

*If using this voluntary form, both parents must BE SURE of parentage, without a doubt.

Paternity can also be established at the McKean County Domestic Relations Office.The father would simply sign an Acknowledgment of Paternity, which then becomes a legal document. **

**If the parent receives cash assistance benefits (TANF), child care subsidy, or wants to get a child support order, the parent must go to the Domestic Relations Office.

THE ACKNOWLEDGMENT OF PATERNITY IS A LEGAL DOCUMENT.

An Acknowledgment of Paternity is a LEGAL DOCUMENT.  The legal acknowledgment of a child is a process where the defendant swears, under oath, that he fully believes he is the biological father of a child.  He is advised of his rights to legal counsel and that by signing an acknowledgment, he waives his rights to a trial on the issue of paternity.THEREFORE…..…..GENTLEMEN….“you must be 100% sure, without a doubt in your mind, that you are the father of the child.  If at a later date you have reason to believe you are not, even if the mother says it to your face that you are not, the Domestic Relations Office cannot help you.  Therefore, do not sign the document unless you are 100% sure you are the father.”

If you, the alleged father in the paternity action, are not sure that you are the father, or if any party in the paternity action is not sure, the Court will strongly encourage genetic tests.  Genetic testing provides proof that you are the real biological father.It is important to you and your child to know, without a doubt, that you are his/her father.

Act 58 of 1997 provides the right of either the birth mother or father to rescind (withdraw) their signature from the Acknowledgment of Paternity form within the earlier of the following:

- Sixty (60) days, or;
- The date of an administrative or judicial proceeding relating to the child, including, but not limited to, a Domestic Relations Section Conference, or a proceeding to establish a support order in which the signatory is a party.

After the expiration of the sixty (60) days, an Acknowledgment of Paternity may be challenged in court only on the basis of fraud, duress or material mistake of fact, which must be established by the challenger through clear and convincing evidence.  An order for child support shall not be suspended ruling the period of challenge, except for good cause.

To rescind your signature from the Acknowledgment of Paternity form, send a signed, written statement to the DPW Paternity Coordinator at:  P.O. Box 8018, Harrisburg, PA 17105-8018.  THIS MUST BE DONE PRIOR TO SIXTY (60) DAYS AFTER THE FORM IS SIGNED.

INFORMATION ON GENETIC TESTING

The McKean County Domestic Relations Office uses the “buccal swab method” for genetic testing.  Genetic samples are taken from the mother, the alleged father and the child(ren).  This “buccal swab method” is a gentle swabbing, using a Q-tip like cotton swab, from the inside of the mouth.  More DNA can be collected through buccal swab than blood samples.  All parties are photographed and must provide proper identification at the time the test is performed.  The mother and alleged father sign the packaged samples, which are then sent to a laboratory for DNA testing.  The McKean County Domestic Relations Office uses Lab Corp for genetic testing.

The cost of DNA testing, if done through the Domestic Relations Office, is $186 (as of 03/15/07) for a trio (mother, alleged father, and child).This fee is not required to be paid “upfront”. However, if the defendant/alleged father is found to be the father, he will be responsible for paying the costs of the testing.  If the results EXCLUDE the defendant, the plaintiff/mother will be responsible for the costs of the testing, unless she receives cash assistance. 

Private testing can also be arranged through the McKean County Domestic Relations Office.  The cost for private testing is $210 (as of 03/15/07) for a trio (mother, alleged father, and child), and must be paid in full prior to testing.

The McKean County Domestic Relations Office, at the McKean County Courthouse, 500 West Main Street, Smethport, PA  16749.Phone number (814) 887-3366.

At the present time, it takes three (3) to six (6) weeks. Both parties are notified by mail.(We cannot give you the results of the tests over the telephone.)

PATERNITY ESTABLISHMENT is very important for a child.  There are many benefits from having a legally named father such as:

Medical History
Child Support
Disability Benefits
U.S. Military Benefits
Life Insurance Benefits

Heath Insurance
Social Security Benefits
Unemployment Benefits
Pension Benefits
Rights of Inheritance

Should you need any assistance or have any questions about Paternity Establishment, you can contact the McKean County Domestic Relations Office. Office hours are from 8:30 a.m. to 4:30 p.m., Monday through Friday. Our telephone number is (814) 887-3366.