
Paternity establishment is the legal determination of fatherhood. For children born outside of marriage, this would be the first step for establishing a child and medical support order. Additionally, paternity establishment can give your child a sense of identity and belonging, easier access to medical histories of both parents, and the ability to obtain financial resources from the father’s social security or veterans benefits.
Paternity can be established through a.) presumption, b.) voluntary acknowledgment, or c.) genetic testing. A presumption of paternity is when a man is presumed to be the legal father because the child is born while the man is married to the mother, or because the child is born 300 days after the marriage ends. There is a long-standing legal presumption that a child born in the context of a marriage is the child of that couple.
Voluntary acknowledgement is when parents acknowledge paternity by completing a notarized form or affidavit at the hospital, local health department, or at the Child Support Enforcement Agency (CSEA). The signing of this is 100% voluntary. The affidavit cannot be used as an acknowledgement of paternity if another man is legally presumed to be the father due to marriage, or if there is already an acknowledgement on file.
Paternity Establishment Fact Sheet
Paternity Establishment FAQ
Either parent may rescind the acknowledgement no later than 60 days after the date of the latest signature by:
- Requesting the CSEA, in the county where the mother and child reside, to conduct genetic testing, or by delivering a written notice to the Ohio Department of Job and Family Services, Office of Child Support, Central Paternity Registry.
- After the 60-day time period, the only way for either parent to rescind the acknowledgement is to bring a private court action to rescind. This must be accomplished within in one year after paternity was established.
Paternity can be established from birth until 23 years of age.
In order to avoid sanctions, a person receiving public assistance is required to cooperate with the CSEA in establishing both paternity and support. There are exceptions for the claim of ‘good cause’ if establishing an order would cause physical or emotional harm. Such a claim would need to be verified with evidence from law enforcement, court, medical office, or other credible authority.
If you need additional information, contact the Division of Child Support at 330-451-8930.
Genetic testing is conducted with buccal (oral, mouth, or cheek) swabs. The DNA specimen is collected by rubbing the check inside of the mouth with long swabs that look like Q-tips. The DNA test utilizing buccal swabs is the same DNA test where blood samples are taken. These tests are used in courts throughout the U.S. and are more than 99% accurate.
Each adult being tested must bring a valid photo I.D. Parents, who are minors, must be accompanied by their legal guardian.