Establishing Paternity in Indiana: What You Need to Know

Let’s look at how you can establish paternity in Indiana, and why it’s so important for your child and family.

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September 3, 2024

Establishing paternity can give your child a sense of identity, access to important benefits, and a foundation for a legal relationship with both parents. 

Lacy Law Office, LLC is here to guide you through the process and ensure you and your family’s rights are protected. Let’s look at how you can establish paternity in Indiana, and why it’s so important for your child and family.

How is Paternity Established?

Paternity can be established in a few different ways depending on the circumstances. In Indiana, if a child is born to a married couple, the husband is generally presumed to be the father. This applies if the child is born during the marriage or within 300 days after the marriage ends. However, if the husband denies being the father or if another man claims paternity, the court may require a genetic test to confirm who the biological father is.

What is a Paternity Affidavit?

Another common way to establish paternity is through a paternity affidavit. This can be done at the hospital within the first 72 hours after the child's birth, where both parents sign the affidavit, legally recognizing the father-child relationship. This is often the easiest way to establish paternity right after birth. Parents can also complete a paternity affidavit at their local health department anytime before the child turns 19, as long as no father is listed on the birth certificate.

In some cases, paternity may need to be established through the court. This can happen when there is a dispute about who the father is, or if the parents want legal recognition of paternity but didn't complete a paternity affidavit. Parents can either agree on paternity or request a genetic test as part of the court process. It's important to note that if a man signs a paternity affidavit but later wants a genetic test, he must request it within 60 days of signing, or the court may deny his request.

Why is Establishing Paternity Important in Indiana?

If parents aren’t married when their child is born, it’s important to establish who the father is. Even if parents live together or plan to marry, setting up paternity gives both the child and the parents certain legal rights.

Financially, establishing paternity means the child can receive important benefits like Social Security, inheritance, veteran’s benefits, life insurance, and health insurance. It also sets up the legal groundwork for both parents to fairly share the responsibility of supporting the child. Even if the father can’t or won’t pay support now, establishing paternity makes it possible to collect support later.

From a health perspective, knowing both parents helps in understanding and dealing with inherited health conditions. It can also provide access to medical insurance through a parent’s job or military service. 

Reach Out To Our Indiana Family Law Attorneys Today

If you need an Indiana paternity lawyer to help you establish paternity, Lacy Law Office, LLC is here for you. Our attorneys will help you and your family with honest communication and informative service. Contact us today to schedule a consultation and take the first step for your family and your child.