In Ohio, when parents are not married at the time of a child’s birth, the child does not automatically have a legal father. This means the father has no official rights or obligations until paternity is legally recognized.
Establishing paternity gives the child access to benefits such as inheritance rights, medical history and support. It also gives the father a legal relationship with the child, which can be critical in future matters involving custody, visitation and decision-making.
1. Sign an Acknowledgment of Paternity Affidavit
The simplest and fastest way for unmarried parents to establish paternity is by completing and signing an Acknowledgment of Paternity Affidavit. This form is voluntary and typically available at the hospital after birth or through local child support enforcement agencies. Once both parties sign and file the affidavit, the father’s name can be added to the birth certificate, and he becomes the legal parent.
2. Complete genetic testing through the child support agency
If either parent has doubts about paternity or does not agree to sign the affidavit, genetic testing is available through the local child support agency. Testing usually involves a noninvasive cheek swab from the mother, the child and the alleged father. If the results show at least a 99 percent probability of fatherhood, the agency can issue an administrative order establishing legal paternity without going to court.
3. Obtain a court order of paternity
If there is a dispute that cannot be resolved through voluntary acknowledgment or administrative action, either parent can file a case in Juvenile or Domestic Relations Court to establish paternity. The court may order genetic testing and, based on the results, issue a legal determination of fatherhood. Once the order is entered, it allows for decisions on child support, custody and parenting time to be made.
Legal guidance can help parents understand their rights and obligations under Ohio paternity law. Taking action to establish legal fatherhood can benefit both the parent and child long-term.