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How to Determine Paternity. Being named father on a birth certificate isn't always adequate proof to a court that the named man is the father. A lawsuit to have a man declared the father of a child is called a paternity or support action. It can be brought by either the mother or the father.
Unmarried couples can make their own parenting agreements covering child support, custody, and visitation issues, either on their own or with the help of a mediator or family law counselor. If it's possible, this is the best approach.
Here's an overview of common parentage issues that arise when parents are not married, including how to legally establish paternity, how to name your child, and what to do if the father didn't sign the birth certificate papers.
When unmarried parents separate, how does the breakup affect parenting rights and responsibilities? What steps must unmarried parents take to ensure they are both considered the legal parents of their child?
Here's a summary of the rights of children of unmarried parents to inherit money and receive benefits available to children of married parents.
Evidence that the parents married or the child was otherwise legitimated before age 18. A child born to unmarried parents is often referred to as "illegitimate" (or, under previous versions of the immigration law, "out of wedlock").
Unmarried couples. If you and the other parent are unmarried, you won’t need to get a divorce, but you will need to establish your shared parental rights and get a court order related to parenting time and support payments. See “Parentage Actions for Unmarried Couples,” below. The Big Issues: Child Custody and Support
