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Indiana State Paternity Laws

posted by DNA Identifiers @ 3:21 PM
Monday, July 27, 2009

indiana

The below information is a general guide to Indiana State Paternity Laws. 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

Link: Indiana Judiciary Self Services

Link: Indiana Child Support

Link: Indiana Putative Father Registry

Link: Indiana Establishing Paternity – Brochure

Link: Indiana Establishing Paternity Frequently Asked Questions

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.

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16 Responses to “Indiana State Paternity Laws”

  1. Robert says:

    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???

  2. admin says:

    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.

  3. Norbert says:

    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.

  4. admin says:

    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.

  5. Mirna Brizuela says:

    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?

  6. admin says:

    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.

  7. ERIK GINTER says:

    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?

  8. admin says:

    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

  9. ms myerz says:

    i have a daughter tht was conceved in indianpolis but born in llinois. her ather lives in indy. since then we hve moved to indy. how can i get paternity established or her. he’s now disabled . he reuses to admit to paternity legally for our daughter. what can i do?

  10. mr.dad says:

    11yr go had girlfriend sleep with my brother when I was on the road for six mo. She got knock up and say that thing about who the father of child. I’ve done dumd thing put my name on the brith certificate. I’ve talk to lawyer about dna done on my son in laporte but them won’t talk to me about any DNA testing done.

    Is any way get DNA done on my son and see if he is my brother kid,and if he is than how do I get the brith certificate change.

  11. admin says:

    Hello Ms Myerz,

    Unfortunately the only way to force someone to participate in a DNA Paternity Test is to get a court order. If he is refusing to participate you might want to contact a family attorney and discuss your options with them. Please let us know if we can be of any more assistance to you and your family.

    Best Wishes,
    Briana

  12. admin says:

    Hello Mr. Dad,

    I am sorry we weren’t able to answer your question sooner. You should have a paternity test, and it should be a legal test so that if you need them you can use the results in a court of law (if you want to change the birth certificate you need a legal test). We could do a test between you and your son or between your brother and you son or we could do both. In order to change the birth certificate you will need to contact the department of vital records in Indiana and ask them about the steps. A DNA test would certainly be able to assist you in getting that changed.

    I hope this helps. Please call us at 888-DNA-IDFY (362-4339) to discuss your situation more.

    Best Wishes,
    Briana

  13. Sarah says:

    I have an 8 year old daughter. I was with a man when I found out I was pregnant-We knew it couldnt be his child because we had just gotten together. He has helped take care of her since the day she was born. He is her dad…
    Now the man that is actually the father (and he is in jail for larceny) wants me to get a DNA test done-He wants to have rights to her…8 years later..Is there any laws that protect children with conditions like this?

  14. admin says:

    Hello Sarah,

    In our experience the only way he can make you get a DNA test is with a court order. Unfortunately we only handle the DNA testing and not family laws. You should contact a Family Attorney and look into your options.

    Wishing you all the Best,
    Briana

  15. Neil says:

    Hi I have a quick question for you. The mother of my child left when he was six months old now he is seven and he just surfaced up but she is in jail again. The mother and grandmother cannot see him my names on the birth certificate and I now need a DNA test but I live in Ohio my sons in Indiana and he was born in Ill. can I do a DNA test here in Ohio to prove I am his Father so He is not a word of the State and has the chance every kid deserves. Thanks So Much Neil Brodin

  16. admin says:

    Hello Neil,

    Yes you can do a DNA test between your son and your self even if you are located in different states. In order to use this test in the courts or for any legal purpose you would need to have a Legal Court-Admissible DNA Test.

    Legally-Binding/Court Admissible:
    “Legal” testing means that we will check your ID, take your photo and have you sign a chain of custody. In return, you will get a test result that is notarized and can be used for any legal purpose. The test result will never expire and can be used at any point in the future.

    Legal tests are best if you think that you will need the results for ANY legal purpose now or in the future. (Such as birth certificate changes, health insurance, life insurance or death benefits, such as social security, etc.) If males are bringing in children without the mother for a legal test, they must provide a birth certificate or court order showing that they are the legal father/guardian who may sign on behalf of a minor child. It is always best to include the mother in the DNA as her participation greatly increases the accuracy of the test.

    We understand that it is not always possible to include the mother and we can preform the test with out her, but we do have to have the legal guardian of the child sign on the forms for a legal test.

    We offer a number of excellent benefits with our test, such as:

    * One free overnight FedEx shipment to the lab
    * 2-business day turn around for results at the lab
    * Guaranteed Paternity Results: 0% or 99.9+% (without mother)
    * We are always available to you by phone should you have any concerns or questions
    * We will call with the results the day they are released and fax/email a copy to you
    * Free standard results shipping via USPS (about 1 week)
    * We accept Visa/MasterCard, Debit or Credit Cards, Checks-By-Phone, Money Orders
    * Fully accredited lab, AABB+
    * All tests run twice for accuracy
    * The BEST customer service!

    Please call us or email us for more information.

    Best Wishes,
    The Staff at DNA Identifiers

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