Establishing Paternity in Indiana: What You Need to Know

• How do I legally establish paternity in Indiana?
• Establishing paternity in various situations
• What are the methods to prove paternity?
• Why is establishing paternity important?
• How long does it take to establish paternity in Indiana?
• How much does it cost to establish paternity?
• FAQ
• References

Paternity in Indiana can be established in three ways: through marriage, through filling out and signing a document, or through the courts. It is important to establish paternity of a child for a variety of reasons, including emotional, financial, and legal purposes. 

How do I legally establish paternity in Indiana?

There are generally three ways one can establish paternity in Indiana:

1. Marriage

A man is presumed a child’s father if he and his wife are married when the child is born. This is also the case if the child is born no later than 300 days after the couple’s marriage ends. 

If paternity is in dispute, the court may require a genetic test to be conducted to determine who a child’s biological father is. 

2. Voluntary acknowledgment of paternity

Another easy way to establish paternity when the issue isn’t in dispute is through a paternity affidavit, which is a document both parents complete and sign establishing them as a child’s parents. This can be done within the first 72 hours of a child’s birth at a hospital or at the local health department before the child is emancipated (which usually occurs at age 19), as long as no father is listed on the birth certificate.

3. Paternity order

Paternity can also be established through court order, as might be the case when paternity is in dispute or unknown. This is typically done by filing a paternity action in court, which parents can agree to (requiring no further action) or which may involve a court-ordered test to establish a child’s paternity definitively. 

Challenging paternity through a paternity action is possible even if one signed a paternity affidavit, but only within 60 days of the date the affidavit was signed. After that point, a court can deny the request. 

Establishing paternity in various situations

There are various situations where paternity may be unclear, at least legally. Consider, for example, if a person has multiple sexual partners and becomes pregnant. Whether all parties were aware the individual had multiple partners or not, this means the child’s biological parents won’t both be immediately clear without genetic testing. 

Similarly, if one believes paternity was mistakenly assigned to the wrong individual, they can attempt to clear up the issue through genetic testing.

Perhaps the most common scenario where parties must take steps to establish paternity is when a child is born to an unmarried couple. If both parents agree on the issue of paternity, this isn’t a complex process, but it’s still important. They will need to complete, sign, and submit a paternity affidavit. The process is less “automatic” than it would be if they were married.

In some cases, even if paternity is known to all parties involved, a person may still refuse to sign a paternity affidavit, which is their right since the signing of this document is voluntary. In these cases, paternity would need to be established through a court order (unless a person changes their mind within the allowed window and helps complete and submit a paternity affidavit). 

What are the methods to prove paternity?

Proving paternity is typically done through genetic testing. Genetic material is taken from the child and checked for certain markers. Genetic material is taken from the alleged father and tested for the same genetic markers. Because of how genetics work, a biological parent should have about a 50% similarity to their child genetically. 

These tests can be conducted in several different ways. From the alleged parent and child’s perspective, it is usually relatively simple. All that is needed is a clear DNA sample. This is often done by swabbing inside a person’s cheek or extracting a sample of their blood. This part of the process is usually fast and relatively straightforward. 

Why is establishing paternity important?

Paternity is important for a number of reasons. First, most children will want to know who their biological parents are. Most parents, even if they don’t intend to be heavily involved in a child’s life, likewise want to know if they are a child’s parent. 

Establishing paternity can also be financially important. It can become extremely relevant if a child is supposed to inherit property, benefit from a life insurance policy, benefit from a parent’s health insurance, and more. A child’s parents are also obligated to support their child; establishing paternity helps to make paying or collecting this support much more straightforward.

One issue some parents may not consider is that paternity is also important for a child’s health. A person’s risk of developing various medical conditions can be heavily affected by their family history. If a child’s paternity isn’t established, it becomes harder to know what potential dangers they should prepare for, and a doctor’s ability to assess their health will be less precise.

Lastly, paternity is important regarding custody and parenting time. The law in Indiana and most other states gives both of a child’s biological parents the right to establish a healthy relationship with their child. It also requires that they provide care for that child. Paternity can allow an individual to spend time with their child and, if desired, potentially have some level of custody over the child, helping to make important decisions about that child’s life. 

How long does it take to establish paternity in Indiana?

In most cases, paternity is quickly established in Indiana (within the first 72 hours after their child's birth if the parents fill out and submit a paternity affidavit). If the parents are married, it is automatically established, although it can be disputed. 

A paternity court case will take significantly longer. The exact amount of time it takes will depend on the complexity of the case, how cooperative the parties are, and whether the courts might be especially busy. 

How much does it cost to establish paternity?

Establishing paternity, when it isn’t in dispute, is typically free in terms of court fees. When paternity is in dispute and thus goes to court, a prosecutor can file the paternity case for free or a $25 fee.

The paternity test itself is not free, however. According to the American Pregnancy Association, a test may cost anywhere from $400 to $2,000.

Frequently asked questions

The following are some frequently asked questions regarding paternity in Indiana:

How long does a father have to establish paternity in Indiana?

If no father appears on a birth certificate, a father can establish paternity by going to their local health department before the child is emancipated. If a father signed a paternity affidavit but has reason to dispute the paternity of a child later, they have 60 days from the date the affidavit was signed to take the issue to court. After that point, the court can deny the request.

Does signing a birth certificate establish paternity?

Not always. Paternity is only automatically assigned if the parents are married. Otherwise, paternity must be established through a paternity affidavit or the court.

How do I establish paternity if the father is deceased?

A paternity action can be filed in Indiana during a father’s life or within five months of his death. 

How do I establish paternity if the father is in another state?

If a father lives in another state, it is typically still possible to establish paternity. However, it can become much more legally complicated, depending on the specifics of the situation. According to the Office of Child Support Services, Indiana may be able to claim jurisdiction and determine paternity if the following criteria are met:

• The father has lived in Indiana.
• The child was conceived in Indiana.
• There is another foundation for Indiana to have authority over the case.

If none of the above apply, you may want to speak with a legal professional about your options. It should still be possible to establish paternity, assuming the person in question is a child’s biological father and hasn’t been deceased for more than five months.

References