Paternity

Paternity

Basics

• Establishing Paternity
  • The process of having a man legally declared the father of a child
• M.G.L c. 209C Child Born Out of Wedlock / Paternity Law
  • A court case related to a child born to parents who have never been married to each other is called a “paternity” case or “Chapter 209C” case.

  • Paternity is automatically established if the parents are married when the child is born. The husband is the child’s legal father.

  • If the parents aren't married when the child is born, paternity needs to be established. If paternity is not established, the child doesn't have a legal father. This is true even if both parents are living together with the child.

• The Probate and Family Court has the authority to enter orders for
  • custody,
  • vistation/parenting time
  • child support,
  • health insurance,
  • uninsured medical expenses, and 
  • other issues related to a child born outside of marriage.

Court Forms

• Court forms for actions involving unmarried parents

 Links to Resources

• Paternity Issues; Family Law Advocacy for Low and Moderate Income Litigants, 3rd Edition 2018
• Massachusetts law about paternity (parentage)
• Learn about establishing Paternity - Department of Revenue 
• Paternity Guide for Unmarried Parents - Department of Revenue