- A father of a child born out of wedlock may file with the Department of Public Welfare an acknowledgement of paternity where the mother consents, pursuant to Section 5103 of the Pennsylvania statutes. When this form is filed, the father is entitled to the same rights and privileges as if they couple were married. The hospital or birthing center handling the birth will provide the unmarried parents the form and an opportunity to complete it, and file the form with Public Welfare.
- The father of a child born out of wedlock will be listed as the father on the child's birth certificate only if both parents have signed the voluntary acknowledgement of paternity or if a court issues an adjudication of paternity.
- If the mother refuses to acknowledge the paternity claim of the father the father must file a Claim of Paternity under Section 5103(b) with the Department of Public Welfare. This does not extend any rights to the unmarried father, but will entitle him to notice of any attempts of the mother to terminate parental rights to the child such as offering the child for adoption, or relinquishing the child to Public Welfare.
- If the unmarried father files for custody and visitation of the child and the mother continues to disagree with paternity status, a Pennsylvania court will require the unmarried father to file a Complaint to Establish Paternity and For Genetic Testing. The court reviewing the Complaint will then order both parents to appear for genetic testing. Note that in some jurisdictions such as Philadelphia County, private genetic testing is not admissible in court for paternity determinations.
- If a father fails to appear for genetic testing that has been requested by the mother, the court has the discretion to enter an order of paternity by default. This means that the court will enter a binding order of paternity against the father, even though the father is not present at hearing.
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