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Indiana State Paternity Laws
posted by admin @ 3:21 PM
Monday, July 27, 2009
The below information is a general guide. Please conduct further research on your state laws for current or updated information or contact a family attorney for professional legal advice. For information on state collection locations, click here.
Link: Indiana Establishing Paternity
Required Probability of Paternity for Indiana Courts: 99%
Required Paternity Index: None at this time
Current Indiana Paternity Law: IC 31-14-7
Chapter 7. Presumption of Paternity
IC 31-14-7-1 Presumptions; child’s biological father
Sec. 1. A man is presumed to be a child’s biological father if:
(1) the: (A) man and the child’s biological mother are or have been married to each other; and
(B) child is born during the marriage or not later than three hundred (300) days after the marriage is terminated by death, annulment, or dissolution;
(2) the: (A) man and the child’s biological mother attempted to marry each other by a marriage solemnized in apparent compliance with the law, even though the marriage: (i) is void under IC 31-11-8-2, IC 31-11-8-3, IC 31-11-8-4, or IC 31-11-8-6; or (ii) is voidable under IC 31-11-9; and
(B) child is born during the attempted marriage or not later than three hundred (300) days after the attempted marriage is terminated by death, annulment, or dissolution; or
(3) the man undergoes a genetic test that indicates with at least a ninety-nine percent (99%) probability that the man is the child’s biological father.
As added by P.L.1-1997, SEC.6. Amended by P.L.138-2001, SEC.6.
IC 31-14-7-2 Rebuttable presumption; child’s biological father
Sec. 2. (a) If there is not a presumed biological father under section 1 or 1.5 of this chapter, there is a rebuttable presumption that a man is the child’s biological father if, with the consent of the child’s mother, the man:
(1) receives the child into the man’s home; and
(2) openly holds the child out as the man’s biological child.
(b) The circumstances under this section do not establish the man’s paternity. A man’s paternity may only be established as described in IC 31-14-2-1.
As added by P.L.1-1997, SEC.6. Amended by P.L.138-2001, SEC.7.
IC 31-14-7-3 Paternity affidavits
Sec. 3. A man is a child’s legal father if the man executed a paternity affidavit in accordance with IC 16-37-2-2.1 and the paternity affidavit has not been rescinded or set aside under IC 16-37-2-2.1.
As added by P.L.138-2001, SEC.8.
Link: Indiana Codes and Laws
This information is a general guide. Research your state laws for current information or contact a family attorney.
8 Responses to “Indiana State Paternity Laws”
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I have a child! In Indianapolis, Right now I paying medical sopport, but, the mother tells me their is, a probability that, the 5 years old child its not my, if its not my, do i still have to pay???
Robert, that is a very good question and one you should probably contact a lawyer about.
According to the Paternity Laws for the State of Indiana you are presumed to be the father if you were married to the mother at the time of birth or within 300 days of birth.
If you are already on the birth certificate at this time, and you find that you are not the biological father of the child, you would have to take it up with the Courts of Indiana.
It is our understanding that a paternity affidavit may not be rescinded unless the court, at the request of the legal father, has ordered a genetic test, and the court-ordered test indicates that the man is excluded as the father of the child. See Indiana State Code § 16-37-2-2.1(i)(2).
For legal advice, please consult an attorney.
Would you please explain in laymans term what this means, I really appreciate if you would. Thank you.
IC 31-14-7-2
Rebuttable presumption; child’s biological father
Sec. 2. (a) If there is not a presumed biological father under section 1 of this chapter, there is a rebuttable presumption that a man is the child’s biological father if, with the consent of the child’s mother, the man:
(1) receives the child into the man’s home; and
(2) openly holds the child out as the man’s biological child.
(b) The circumstances under this section do not establish the man’s paternity. A man’s paternity may only be established as described in IC 31-14-2-1.
Hello,
Unfortunately we are not legal professionals. For full understanding you should consult a legal professional in Indiana.
My understanding of this section is that if there is no legal biological father a man can be presumed to be the father (responsible for the Child in the eyes of the law) if the mother and the man agree and the man takes care of the child by providing a home and all other forms of care.
Please do not rely fulling on my understanding of the law as I am not a legal professional.
Thank you for read this question. I`m from and live in El Salvador and I have a son who born in Indianapolis in 2005. His father was my boyfriend, but we was separated when my son born extremely preeme. My son does not have a father in his birth certificate. My son and me we are living in El Salvador and his father is living in the United States, but he is from El Salvador too. He wants to give his lastname to my son. He sends me money every month.Is it possible that my son’s father can legally to accept his biological paternity and what can we do to fix that situation?
Hello Mirna,
Thank you for contacting us. Yes it is possible for you to have the father added to the child’s birth certificate and to change the child’s name. In most cases you will need to have a Legal, Court-Admissible DNA test conducted to show that there is a biological relationship between father and child. I would recommend contacting the Indiana Department of Child Services directly and asking what are the step you need to follow to establish paternity at this time.
For legal advice, please consult an attorney.
I signed a paternity affadavit in indiana after my son was already 2 or 3 yrs old. I have a copy of the affadavit saying it was filed at the end of his birthday month the same year he was born. Is my son covered under my life insurance pension benefits,and my other assests if something was to happen to me? Am I legally established as the father with this affadavit? What proves my rights to my son as far as the law is concerned if the mother refuses to let me see him? Do I have to go to court in a situation where I get him on certain days and times?
Hello Erik,
We recommend contacting a Family Attorney to see what your options are. Each state is different. Some states only allow you to challenge paternity in the first 2 years after you sign the affidavit or birth certificate. A Family Attorney would be able to help you navigate the laws in Indiana.
Thank you for your questions.
Briana