How to Establish Paternity in West Virginia: Legal Process Explained
When a child is born to unmarried parents in West Virginia, the biological father has no automatic legal rights to the child—even if his name is on the birth certificate. Establishing paternity is the legal process that creates a formal father-child relationship, granting fathers important rights while also creating legal obligations. Whether you’re a father seeking to establish rights to your child, a mother seeking child support, or a family trying to ensure a child has legal ties to both parents, understanding West Virginia’s paternity process is essential.
At Klie Law Offices, our family law attorneys help parents throughout West Virginia—including Parkersburg, Clarksburg, Morgantown, Buckhannon, and Canton, Ohio—navigate the paternity establishment process and protect their parental rights.
Why Establishing Paternity Matters
Establishing legal paternity affects everyone in the family. It creates rights and responsibilities that don’t exist without formal legal recognition of the father-child relationship.
Benefits for the Child
Children benefit from established paternity in numerous ways. They gain legal right to financial support from both parents, access to the father’s health insurance coverage, eligibility for Social Security benefits if the father becomes disabled or dies, inheritance rights from the father, access to the father’s medical history, which can be important for healthcare decisions, and a complete legal identity with both parents recognized.
Rights Gained by Fathers
Fathers who establish paternity gain the right to seek custody or visitation, input on major decisions affecting the child’s life, the ability to be notified of adoption proceedings, inheritance rights if the child dies without a will, and standing to participate in legal proceedings involving the child.
Responsibilities Created
Paternity also creates legal obligations, primarily the duty to provide financial support for the child through child support, potential obligation to provide health insurance, and responsibility for childcare and educational expenses.
Methods of Establishing Paternity in West Virginia
West Virginia law provides several ways to establish paternity, ranging from voluntary acknowledgment to court-ordered determination.
Method 1: Voluntary Acknowledgment of Paternity
The simplest way to establish paternity is through a Voluntary Acknowledgment of Paternity form. This is typically offered at the hospital when the child is born. Both the mother and father sign the form, affirming that the man signing is the biological father, both parties understand the legal consequences, and neither party was coerced into signing.
Once signed and filed with the West Virginia Vital Registration Office, the acknowledgment has the same legal effect as a court order establishing paternity. The father’s name will be added to the birth certificate.
Important considerations for voluntary acknowledgment include that both parties must sign voluntarily and without coercion, there is a 60-day rescission period during which either party can withdraw the acknowledgment, after 60 days the acknowledgment can only be challenged based on fraud, duress, or material mistake of fact, and DNA testing is not required but should be considered if there’s any doubt about biological parentage.
Method 2: Legitimation by Marriage
If the parents marry after the child is born, the child is automatically “legitimated” under West Virginia law. This establishes the husband as the legal father. To update the birth certificate after marriage, the parents must provide a certified copy of the marriage certificate to the Vital Registration Office.
Method 3: Court-Ordered Paternity (Paternity Action)
When parents don’t agree on paternity, or when one party wants to contest paternity, a court action becomes necessary. Either the mother, the alleged father, the child through a representative, the West Virginia Bureau for Child Support Enforcement, or a guardian or custodian of the child can file a paternity action.
The paternity action process begins with filing a Petition to Establish Paternity with the family court in the county where the child lives or where the alleged father resides. After filing, the petition must be formally served on the other party, who has the right to respond and contest the allegations. In most contested cases, the court will order DNA testing to determine biological parentage. Modern DNA tests are highly accurate, typically establishing paternity with greater than 99% certainty. After receiving DNA results and any other evidence, the court will hold a hearing and issue an order either establishing or denying paternity.
Method 4: Administrative Process through BCSE
The Bureau for Child Support Enforcement (BCSE) can establish paternity through an administrative process without going to court. This is common when the mother receives public benefits like TANF, Medicaid, or SNAP. The BCSE can order DNA testing, issue administrative orders establishing paternity, and pursue child support simultaneously. This process is often faster and less expensive than court action, though the alleged father can request a court hearing if he wants to contest the findings.
The DNA Testing Process
DNA testing is central to most contested paternity cases. Understanding how it works can help you navigate the process.
How DNA Testing Works
Modern paternity DNA tests analyze genetic markers from the child, mother, and alleged father. Samples are typically collected through a painless cheek swab. The test compares specific genetic locations and calculates the probability of paternity. A probability of 99% or higher is generally considered proof of paternity, while 0% indicates the tested man is not the biological father.
Court-Ordered vs. At-Home Testing
For legal purposes, DNA testing must be conducted through a court-ordered process with chain-of-custody protocols. This means samples are collected by trained personnel, identification is verified, and the sample chain is documented from collection to testing. At-home DNA tests purchased online are not admissible in court because they lack chain-of-custody verification. However, at-home tests can be useful for personal knowledge before pursuing legal action.
Who Pays for Testing?
Initially, the party requesting testing may be required to pay. However, if paternity is established, the court often orders the father to reimburse testing costs. If paternity is not established, the mother or requesting party typically bears the cost.
What Happens After Paternity Is Established
Once paternity is legally established, several things typically follow.
Birth Certificate Update
The father’s name can be added to the child’s birth certificate. The mother or father can request a new birth certificate from the Vital Registration Office by providing a copy of the paternity order or voluntary acknowledgment.
Child Support Order
In most cases, a child support order will be established once paternity is confirmed. West Virginia uses guidelines based on both parents’ incomes to calculate support obligations.
Custody and Visitation
Establishing paternity does not automatically grant custody or visitation rights. The father must petition the court separately for custody or visitation. However, having established paternity gives the father legal standing to make these requests.
Legal Rights and Responsibilities
Both parents now have legal rights and responsibilities toward the child. The father can participate in decisions about the child’s education, healthcare, and religious upbringing. He also becomes responsible for supporting the child financially.
Challenging Paternity in West Virginia
What if you’ve been named as a father but don’t believe the child is yours? Or what if you previously acknowledged paternity but later learned you’re not the biological father?
Challenging Before 60 Days (Voluntary Acknowledgment)
If you signed a voluntary acknowledgment of paternity, you have 60 days to rescind it without giving any reason. Simply submit a written rescission to the Vital Registration Office.
Challenging After 60 Days
After the 60-day period, challenging paternity becomes much more difficult. You must file a court action and prove fraud, meaning you were deceived about being the father, duress, meaning you were forced or threatened into signing, or material mistake of fact, meaning both parties genuinely believed you were the father but were wrong.
Simply discovering through DNA testing that you’re not the biological father may not be enough if you signed the acknowledgment voluntarily and without deception.
Challenging Paternity When Married
West Virginia law presumes that a child born during marriage is the husband’s child. Challenging this presumption requires strong evidence, typically DNA testing, and may involve complex legal issues especially if the husband has acted as the child’s father for years.
Common Paternity Scenarios and Solutions
Scenario 1: Father Wants Rights, Mother Agrees
If both parents agree on paternity, complete a Voluntary Acknowledgment of Paternity form. This can be done at the hospital at birth or later at the local vital records office or BCSE office.
Scenario 2: Father Wants Rights, Mother Disputes
If the mother disputes paternity or refuses to cooperate, the father should file a Paternity Action with the court. Request DNA testing to establish biological parentage. Once paternity is established by court order, pursue custody or visitation.
Scenario 3: Mother Seeking Support, Father Disputes
Contact the Bureau for Child Support Enforcement for assistance. BCSE can pursue paternity establishment and child support simultaneously. If the alleged father denies paternity, DNA testing will resolve the question.
Scenario 4: Man Believes He’s Not the Father
If you don’t believe you’re the biological father of a child, don’t sign a Voluntary Acknowledgment. Request DNA testing before any legal documents are signed. If paternity has already been established, consult an attorney about whether grounds exist to challenge it.
Frequently Asked Questions
How long do I have to establish paternity?
There is no strict deadline for establishing paternity, but acting sooner is better. For child support purposes, paternity can be established until the child turns 18. However, waiting too long can affect custody rights and the father-child relationship.
Can paternity be established if the father has died?
Yes, posthumous paternity can be established through DNA testing of the deceased’s remains or close relatives, evidence the deceased acknowledged the child, testimony from witnesses, and other genetic or documentary evidence.
What if the mother refuses DNA testing?
If a mother refuses court-ordered DNA testing, the court can draw negative inferences against her. In some cases, the court may presume the alleged father is the biological father if the mother refuses to cooperate with testing.
Does my name on the birth certificate make me the legal father?
For unmarried parents, simply having your name on the birth certificate does not establish legal paternity. A Voluntary Acknowledgment of Paternity or court order is required.
Can I establish paternity without the mother’s cooperation?
Yes. A father can file a paternity action even if the mother doesn’t cooperate. The court can order DNA testing and establish paternity over the mother’s objection.
Contact Klie Law Offices for Paternity Help
Whether you’re seeking to establish your rights as a father, determine if you’re a child’s biological parent, or pursue child support, the paternity process can be complex and emotional. At Klie Law Offices, our experienced family law attorneys can guide you through the process and protect your rights.
We serve clients throughout West Virginia, including Parkersburg, Clarksburg, Morgantown, Buckhannon, and Canton, Ohio.
Contact our office today to schedule a consultation about your paternity case.
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