Paternity

Establishing paternity gives a child born outside of marriage the same legal rights as a child born to married parents. Children with legal fathers are entitled to benefits through their fathers. These include Social Security benefits, veteran’s benefits, and inheritance rights. Children may also benefit by knowing their family’s biological, cultural, and medical history.

When a married woman has a child, the law automatically recognizes her legal husband as the child’s legal father, whether or not he is the child's biological father.

When an unmarried woman has a child, an official act is needed to establish the legal father of the child. This is called the establishing of paternity. If a child is born to an unmarried mother, she and the alleged father can sign a Paternity Affidavit form to establish the father’s legal rights.

The Paternity Affidavit is a legal form that requires notarized signatures. Although the Paternity Affidavit form as well as a notary public are available at the hospital, you are encouraged to fill out the form before your baby is born.

In some cases, genetic testing may be required to establish paternity.

More information about establishing paternity is available at www2.state.id.us/dhw/childsupport/factsheets/Paternity-E.pdf