Family · Updated Oct 2026

I need to establish paternity

When parents aren't married, the child's legal father must be established before a court can order child support or give the father custody or visitation rights. This can be done by both parents signing a voluntary acknowledgment of paternity (often at the hospital), or through the state child support agency or a court, which can order genetic testing. A signed acknowledgment can be cancelled within 60 days; after that it can be challenged only for fraud, duress or a material mistake of fact.

This plan is general legal information, not legal advice. RobinClaim is not a law firm. Laws and deadlines change and have exceptions: check with the official source or a lawyer or legal aid office about your own case.

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Choose your state and answer 3 quick questions. The plan below changes as you answer: steps that don't fit your answers are hidden, and your state's deadlines appear. It all happens in your browser. Nothing is sent, and the page address holds only your answers.

Your plan

Do now

  1. If you answered “Yes” to “Do both parents agree on who the father is?”

    If both parents agree, sign a voluntary acknowledgment of paternity form (from the hospital, vital records office or child support agency).

    Why: A signed acknowledgment counts as a legal finding of paternity.

  2. If you answered “No or not sure” to “Do both parents agree on who the father is?”

    If you aren't sure, don't sign. Ask the child support agency or court for genetic testing first.

    Why: After 60 days the acknowledgment is hard to undo.

  3. If you answered “Yes, within the last 60 days” to “Has anyone signed an acknowledgment of paternity?”

    If you signed within the last 60 days and believe it is wrong, ask the agency or vital records office right away how to rescind it.

    Why: Federal law gives a 60-day window (or until a court proceeding about the child, if earlier).

This week

  1. Contact your state child support agency for paternity services; it can arrange genetic testing, often at low or no cost.

    Why: Agencies must offer paternity establishment.

  2. If you answered “The father (or possible father)” to “Who are you?”

    Respond to any paternity notice or court papers by the deadline.

    Why: If an alleged father doesn't respond, paternity can be set by default.

If it's not resolved

  1. Once paternity is legal, ask for a child support order and, if needed, a custody or parenting-time order.

    Why: Paternity alone doesn't set support or visitation.

  2. If you answered “Yes, more than 60 days ago” to “Has anyone signed an acknowledgment of paternity?”

    If the acknowledgment is older than 60 days and you believe it's wrong, talk to a lawyer about a court challenge (fraud, duress or material mistake of fact).

    Why: These are the only grounds federal law allows after 60 days, and support continues during the challenge.

  3. Ask vital records how to add or change the father on the birth certificate after paternity is established.

    Why: The birth certificate is usually updated as a separate step.

Deadlines

Cancel (rescind) a voluntary acknowledgment of paternity

General rule: Within 60 days of signing, or before a court or agency proceeding about the child if earlier (42 U.S.C. 666(a)(5)(D)(ii))

Official source

Challenge after 60 days

General rule: Only in court for fraud, duress or material mistake of fact (42 U.S.C. 666(a)(5)(D)(iii))

Official source

Documents to gather

  • Child's birth certificate
  • Any signed acknowledgment of paternity
  • Both parents' IDs
  • Any court or agency notices
  • Information about the other parent (name, address, birth date)

Where to go

Costs

Paternity services through the child support agency are low cost (application fee up to $25; some states charge for genetic tests, which may later be charged to the father). A home DNA kit may not be accepted; ask the agency or court which test it accepts.

Talk to a lawyer if

  • You signed an acknowledgment more than 60 days ago and believe you're not the father
  • Another man is presumed the father (for example, the mother was married to someone else)
  • Custody or adoption is involved
  • You received court papers

Free help

Free legal aid for people with low income: find your local office through the Legal Services Corporation (lsc.gov/about-lsc/what-legal-aid/i-need-legal-help), LawHelp.org (lawhelp.org) or USA.gov (usa.gov/legal-aid). Most state courts run a free self-help center (often called Family Law Facilitator or Self-Help Center) at the courthouse or online; ask the court clerk. Many state bar associations run a lawyer referral service with low-cost first consultations.

Questions

What is the cancel (rescind) a voluntary acknowledgment of paternity?

Within 60 days of signing, or before a court or agency proceeding about the child if earlier (42 U.S.C. 666(a)(5)(D)(ii))

What is the challenge after 60 days?

Only in court for fraud, duress or material mistake of fact (42 U.S.C. 666(a)(5)(D)(iii))

When should I talk to a lawyer?

You signed an acknowledgment more than 60 days ago and believe you're not the father; Another man is presumed the father (for example, the mother was married to someone else); Custody or adoption is involved; You received court papers.

How much does it cost?

Paternity services through the child support agency are low cost (application fee up to $25; some states charge for genetic tests, which may later be charged to the father). A home DNA kit may not be accepted; ask the agency or court which test it accepts.

Plans by state

Open the plan with one state's rules filled in:

Sources

Plan checked Oct 2026. Independently fact-checked 2026-10-24.

This plan is general legal information, not legal advice. RobinClaim is not a law firm. Laws and deadlines change and have exceptions: check with the official source or a lawyer or legal aid office about your own case. How we research.