“Paternity” is commonly the term used to describe the process of legally establishing a parental relationship with a child or children.

Ordinarily, the establishment of a parental relationship applies to an unwed father (in a surrogacy arrangement it may also apply to the mother). The action is provided for by the Uniform Parentage Act, which is part of the California Family Code and is initiated by filing a Complaint to Establish Parental Relationship. Either parent can file the action. The prospective father may want to do so to establish the right to visitation with the child. The mother may want to do so to establish her right to child support.

In the event an alleged father contests paternity, ie., asserts in the action that he is not the father of a child, the court will generally order a blood test to be performed which will provide strong evidence either for or against paternity.

In the event the court finds a parental relationship, a judgment is granted giving the parent all the rights and liabilities of a natural parent. The issues of child custody and visitation as well as the issue of child support are dealt with in the same fashion as if the parties were divorcing. (For more information regarding these issues, click on Custody and/or Child Support.)

A special case exists when the mother is on welfare. The San Diego County Department of Child Support Services may file an action to establish a child support obligation to reimburse the state for welfare payments made to the mother. This action may initiate in this state or in any other state. In this case, the rights of the prospective father do not include establishing visitation rights. In order to do this, the father must file his own action. More information can be obtained on the Department’s website (click here)