Paternity

Paternity

What happens when Daddy isn't daddy? Should fathers be defined by a nurturing relationship with their children, or strictly through genetic contribution? Advancements in the science of genetic testing have led to a drastic increase in the number of private paternity tests, pushing this issue into the public spotlight and putting pressure on state legislatures to address fundamental questions about our legal and societal ideas of fatherhood. Courts are all over the map on this subject, making a legislative answer to this question even more important. The historical approach has been to enforce support for children because it was better for the children. DNA testing is changing all of that. What happens to children if we throw open the doors to challenge all established paternity, as some states have already done?

Paternity, Marriage and DNA - this legisbrief provides an overview of the issues involved in the disestablishment of paternity.

State Legislation on Paternity Disestablishment - this table lists paternity disestablishment legislation that has been enacted, introduced, or failed to pass.

For more information on child support issues, please contact Stephanie Walton in the Denver office at 303.364.7700 or cyf-info@ncsl.org or either Sheri Steisel or Lee Posey in the D.C. office at 202.624.5400 or fedhumserv-info@ncsl.org.