Paternity Establishment
Overview
Please note that the CSEA cannot open a child support case prior to the birth of the child. Paternity must be established prior to obtaining an order for a child support or medical support order or an order of parenting times through the court.
Establishing paternity means legally naming the father of a child. When a child is born to parents who are married to each other, the mother’s husband is presumed to be the father of the child, and paternity is automatically established. If a child is born to parents who are not married to each other, paternity is not established automatically and must be done either through a voluntary acknowledgment, an action by the CSEA or by a court order.
Benefits of Establishing Paternity
Paternity establishment can provide basic emotional, social, and economic ties between a father and his child. Once paternity is established legally, a child gains legal rights and privileges, as well as financial assistance from child support collections, access to medical insurance benefits, and other legal entitlements for the child, which may include:
- Social Security benefits
- Disability benefits
- Inheritance
- Pension benefits
- Veteran’s benefits
Presumption
Presumed paternity is when a man is presumed to be a child’s legal father because the child is born while the mother is married to the man or because the child is born within 300 days after the marriage ends. There is a statutory presumption that a child born in the context of a marriage is the child of the couple.
Voluntary Acknowledgement
Voluntary acknowledgment is when unmarried parents acknowledge paternity by completing a notarized form or affidavit at the hospital, local registrar’s office, or the Child Support Enforcement Agency.
How to Rescind a Voluntary Acknowledgment
Either parent may rescind the acknowledgment no later than 60 days after the date of the latest signature by:
- Requesting an administrative parentage determination from the Child Support Enforcement Agency in the county in which the child or legal custodian of the child resides.
- Delivering a written notice to the Ohio Department of Job and Family Services, Office of Child Support, Central Paternity Registry. The written notice should include the name of the child, the name of the County Child Support Enforcement Agency, and the date the administrative parentage request was made to the county agency. The Allen County CSEA will assist in this process as needed.
The Child Support Enforcement Agency will work to determine whether or not there is a parent-child relationship between the alleged father and the child. After the 60-day period, the only way for either parent to rescind the acknowledgment is to file an action in court.
Genetic Testing
Genetic Testing can be requested by the mother, alleged father(s), or the child or child’s guardian. For paternity to be established through genetic testing, the results must show at least a 99% probability of parentage. Genetic material is obtained from the parties by gently rubbing a buccal swab (large Q-tip) on the inside of each person’s cheek. Paternity is established through comparison of DNA obtained from the child, the mother, and the alleged father. There is no minimum age for a child to be tested through the buccal swab method.
Scheduling Genetic Testing
Allen County typically schedules Genetic testing every other Wednesday of each month. In order to schedule genetic testing, you must apply for services first by completing a IV-D application.
Results
The results will be received by the CSEA usually within 4 weeks. If the results indicate a 99% or higher probability that the alleged father is the father of the child, the CSEA will issue an order establishing paternity. If the results indicate a probability less than 99% that the alleged father is the father of the child, the CSEA will issue an order indicating that the alleged father has been excluded as the father of the child. The mother and alleged father will receive a copy of the paternity order along with the genetic test results.
Multiple Testing
When more than one man could be the father of a child, each may be required to take a genetic test. These tests are highly accurate, and it is almost always possible to determine who fathered a child and to rule out anyone who did not.