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  • Writer's pictureLori Hammer

Paternity Establishment and Rights for Unmarried Parents

Family Law resolutions offer opportunities to make a fresh start and improve your life. For help with your divorce, parentage, including child support and parenting time, prenuptial or postnuptial agreements in Chicago, call Angela Larimer at 773-370-0600 or email Angela at

Family dynamics and structures have evolved significantly in recent years, leading to a rise in unmarried parents raising children together. While this may be the result of choice, circumstances, or cultural shifts, unmarried parents still share important legal responsibilities and rights when it comes to their children. One key aspect of this legal framework is paternity establishment. In this blog, we'll explore the importance of paternity establishment and the rights it confers to unmarried parents.

Understanding Paternity Establishment

Paternity establishment is the legal process of determining and acknowledging the biological father of a child born to unmarried parents. This process is crucial for several reasons:

  1. Child Support: Determining paternity is essential for calculating child support obligations. It ensures that both parents share the financial responsibility of raising their child.

  2. Inheritance and Benefits: Establishing paternity provides the child with access to benefits, including inheritance rights, Social Security, and medical insurance coverage from both parents.

  3. Child's Identity: For the child, knowing their biological father can be essential for their sense of identity and understanding their family history.

  4. Custody and Visitation: Paternity establishment is a fundamental step in granting both parents the right to seek custody and visitation orders from the court.

Methods of Paternity Establishment

Several methods can be used to establish paternity:

  1. Voluntary Acknowledgment: Both parents can voluntarily sign a legal document, usually at the child's birth, to acknowledge paternity. This document is then filed with the appropriate state agency.

  2. Genetic Testing: In cases where there is a dispute or uncertainty about paternity, genetic testing can be ordered by the court. DNA testing provides conclusive evidence of the child's biological father.

  3. Court Order: In cases where the parents cannot agree on paternity, a court may issue an order to establish paternity through legal proceedings.

Rights and Responsibilities of Unmarried Parents

Once paternity is established, both parents share various legal rights and responsibilities:

  1. Child Custody and Visitation: Unmarried fathers have the right to seek custody and visitation arrangements. Courts base these decisions on the best interests of the child.

  2. Child Support: Unmarried fathers must contribute to the financial support of their child. This can involve paying child support as determined by state guidelines.

  3. Decision-Making: Both parents have a say in major decisions affecting the child's life, such as education, healthcare, and religious upbringing.

  4. Access to Records: Unmarried parents have the right to access their child's educational, medical, and other important records.

  5. Inheritance Rights: The child gains inheritance rights from both parents upon paternity establishment.

  6. Social Security and Insurance Benefits: The child may qualify for various benefits from both parents, such as Social Security survivor benefits and medical insurance.

Paternity establishment and the rights and responsibilities it confers are critical for unmarried parents and their children. It provides a legal framework for financial support, custody and visitation, and various other aspects of child-rearing. While the process may vary by jurisdiction, the importance of paternity establishment remains consistent, ensuring that the rights and well-being of all parties involved are protected. If you find yourself in a situation where paternity needs to be established, it is advisable to consult with a family law attorney who can guide you through the process and help protect your rights and the best interests of your child.

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