It is standard practice in most cultures around the globe for parents to have authority over their children and a right to manage their upbringing. In the United States, parents acquire those rights when the state acknowledges their parentage of a child. Mothers have their parentage acknowledged more or less automatically after the birth of a child. However, fathers have to establish a connection to a minor child to make use of their parental rights.
How do fathers in Indiana legally establish paternity to make use of their parental rights?
Through marriage
Men married to women at the time of their conception or the birth of a child can easily include their names on the child’s birth certificate. Marriage establishes a presumption of paternity that makes it relatively easy for a father to add his name to the birth certificate. He can then share rights with his spouse until a divorce occurs. If married couples with children divorce, fathers generally have the same parental rights as mothers do.
Through cooperation
Unmarried fathers have the same rights as other parents but must establish paternity formally with the state. They can do so by voluntarily executing a paternity affidavit with the mother of the child. The parents can fill out paperwork cooperatively at the hospital immediately after the birth or at any time while the child is still a minor. The proper execution and submission of the necessary paperwork can lead to the addition of the father’s name to the child’s birth certificate. He can then seek the same parental rights and responsibilities as any other parent who has a minor child.
Through genetic testing
In some cases, there are questions about who the biological father of a child is. Other times, a hostile dynamic between the parents might result in the mother refusing to cooperate when the father wants to establish paternity. In either case, the father can theoretically ask the family courts for support. Court-ordered genetic testing can validate a man’s biological relationship to a child. After genetic testing, a father who has verified his paternity can then ask for shared custody.
Officially establishing paternity is often the first step toward making use of parental rights. Fathers who want to share custody to connect with their children need the state to recognize their parentage first.