How Mothers Can Prove Paternity

What if he denies he is the father, or says he's not sure?
Is there an age limit for the blood tests to be done on a child?
Despite the blood tests, the alleged father still says he is not the father.   Will the case be closed?
What information is needed to establish paternity when the alleged father does not cooperate?
What happens if the father leaves Maryland before paternity is established?
Why should paternity be established if the father has no money to support the child?
What happens after paternity is established?
Can paperwork be filed while the mother is pregnant?

If you are married, when the child is conceived or born the law presumes that your husband is the baby’s father.

If you are unmarried, you and the father may sign an Affidavit of Parentage (pdf) or it may be necessary to go to court.

What if he denies he is the father, what if he says he's not sure? 
It will be necessary to undergo a simple painless medical test to decide if the child is related to the alleged father.  The test is called a "swab test".  Needles are no longer used to determine DNA.  Instead, a cotton swab will be be rubbed along the inside of the cheek to gather a salvia sample.  Test results are available in approximately four to six weeks.

The test will show one of two results:

• The test may prove the that the man is not the father; or
• The test will provide an estimate of how likely it is that the man is the father.  For example a test result might be " 99% probability of paternity."

Swab tests are very reliable. This is why so few paternity cases go to trial.

Is there an age limit for the blood tests to be done on a child?
No. Children of any age may be tested. However, a child must first have a social security number or birth certificate.
 

Despite the blood tests, the alleged father still says he is not the father.  Will the case be closed?
No. If the swab test shows that it is likely that he is the father, the case will be set for a hearing or trial where paternity will be decided. Before the issue of paternity goes to court, Child Support Enforcement will have to do additional investigation to prepare for the trial. Once Child Support Enforcement believes that it is prepared for trial, it will request that the court set the date for trial. This process could take from a few weeks to more than a year, depending on the circumstances.

What information is needed to establish paternity when the alleged father does not cooperate?

• facts about the relationship, the pregnancy and the child's birth; 
• whether or not the alleged father ever provided any money for the child; 
• whether or not the alleged father ever admitted in any way that the child was his (for example: through letters or gifts); 
• a picture of the alleged father with the child, if available; 
• any information from others who can verify the mother and alleged father's relationship; 
• the alleged father's home address 
• last known business address 
• whether or not the child was conceived in Maryland, and if the child ever lived in Maryland 

What happens if the father leaves Maryland before paternity is established?
The first step is to locate him.  If the alleged father is found, a formal complaint can be filed.  Then the local court will make a decision on the paternity question. At the same time, a court order to pay child support may be issued. This order can be enforced by any state. However, enforcement may take longer when the non-custodial parent lives outside Maryland. 

Why should paternity be established if the father has no money to support the child?
Even though he does not have money now, this is likely to change over the lifetime of the child.  When the father starts working, he will be able to support the child. Establishing paternity as soon as possible will make collecting child support easier later on. 

What happens after paternity is established?
In most cases, once paternity is set up, the Child Support Enforcement will establish a support order.

Can paperwork be filed to establish paternity while the mother is pregnant, before the child is born?
No. The affidavit of parentage may be filed only after the child is born. If the you think is the father later denies paternity, paternity can be determined by blood tests after the child is born. Arrangements for the swab test can be made with your doctor, or swab tests can be done through the Child Support Enforcement.