Married parents have several valuable protections under the law. For example, married men benefit from a presumption of paternity. The state includes a married man’s name on the birth certificate of any child born to his wife during the marriage.
The situation becomes a bit more complicated when the parents have not yet married one another. Fathers may not automatically have parental rights, especially if they do not have ongoing relationships with the mothers of their children.
Men may worry about what rights their children may have as they mature and also their rights as fathers. Legitimization is a way for fathers to protect their children while simultaneously asserting their rights. There are typically two ways to approach this process under Pennsylvania state law.
By marrying the mother
When unmarried parents choose to marry one another, their decision impacts the entire family. The children in the family may benefit from that decision because they have access to workplace benefits through both of their parents and legally-protected inheritance rights.
Typically, parents have to cooperate with one another and notify the state of the change in their relationship. Particularly in scenarios where the father may not have had his name included on the birth certificate previously, it may be necessary to make changes to ensure that state records align with current family circumstances.
By affirming paternity
Legitimization can also involve a father affirming his parentage or paternity despite choosing not to marry the mother of the child. Frequently, this process requires the cooperation of the mother. Both parents can fill out paperwork together that can add the father’s name to the birth certificate.
However, sometimes there are questions about who the father is or a hostile relationship between the parents. In such cases, fathers may need to request paternity validation. They may undergo genetic testing to affirm their relationship with the child. The courts can then add their name to the child’s birth certificate.
Unmarried fathers who want to make use of their parental rights and protect their children may need help as they look into their options for legitimization, and that’s okay. Formally acknowledging the relationship with a child can help to protect the father’s rights and the child as well.