APRIL 15, 2024

A Paternity Test Says You’re Not the Father. Now What?

Imagine the scenario: You have been raising your child and are of course emotionally attached, like any good father would be. You then discover text messages or other red flags that seem to indicate your partner cheated on you during the time your child was conceived. You take a paternity test, and the results come back with the news you were hoping you wouldn’t see. The paternity test says you are not the father. So now what?

NOTE: This article is not intended to be legal advice — it is for general informational purposes only. For guidance regarding your particular situation, please contact a social worker or family-law attorney in your area.

If You Never Married Your Partner

1. You Never Claimed the Child Legally

If you and your partner were never married and you didn’t sign a Voluntary Acknowledgement of Paternity document or birth certificate but want to maintain your relationship with the child, there are options.

NOTE: This information applies to most U.S. states.

The best option in your scenario is to claim legal guardianship, which you do by first filing a petition with the court in your state. The court decides whether or not you have a case, and will conduct extensive interviews with you, the mother, and sometimes the biological father as well (if he has been identified through a legal paternity test).

There are some basic qualifications for legal guardianship that you should be aware of before you begin this process. These qualifications include:

• You must be a legal adult.
• You must have time to care for the child.
• You must be able to afford to raise the child.
• You must be physically able to fulfill the responsibilities of a legal guardian.
• You must prove that you would be a positive influence on the child as well as a role model.

The court always makes decisions based on what they deem to be in the best interest of the child. After you have satisfied all court requirements, they will determine if you are qualified to be a legal guardian and continue your relationship with the child – provided the child’s biological parent(s) also give their consent.

If the parent(s) do not provide consent, there may still be a possibility to establish legal guardianship. This usually occurs in situations where the biological parents are considered unfit to care for the child.

If You Are/Were Married to Your Partner

If the child was born during your marriage to the mother, you are by default considered the biological father and legal guardian of the child, in nearly all cases.

If you discover the child you believed was biologically yours really is not, the emotional pain can be excruciating, and you may feel confused about the future of your relationship with them.

When a father named Chris discovered his 15-year-old daughter was the result of his wife’s affair, he struggled with knowing what to do. Ultimately, he divorced his wife but maintains his relationship with and support of his daughter — after all, he’s the only dad she’s ever known and he loves her dearly. Sometimes, DNA just doesn’t matter.

Confirm Paternity Before You Sign a Birth Certificate

The best way to prevent this trauma (especially if you and the mother of the child are not married) is to be proactive about determining paternity before agreeing to sign any birth certificate or Voluntary Acknowledgement of Paternity document.

In most states, a man may only have two (2) years after the birth of a child to contest paternity.

After those two years, the process is much more difficult. Insisting on a legal paternity test after the baby is born or a non-invasive prenatal paternity test before the baby is born can help. Paternity testing offers men protection from entering into legally binding agreements and emotionally challenging relationships without complete certainty regarding their biological relationship with the child.

2. You Claimed the Child Legally

Many men wonder, what happens if you sign a birth certificate and you are not the father. In this scenario, if you never married the child’s mother but did in fact sign a Voluntary Acknowledgment of Paternity or birth certificate, it is unlikely that the court would:

1. Excuse you from your obligation of paying child support, or
2. Issue a reimbursement for child support that has already been paid

Even if a paternity test proved you are not the biological father.

Some states allow fathers to disestablish paternity so that they are no longer obligated to provide financial support, but this step rarely includes reimbursement for past payments. For the most accurate and personalized information, you should consult a family-law attorney to see what your state law allows.

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About DNA Diagnostics Center (DDC)

DNA Diagnostic Center is the world leader in paternity and relationship testing. We serve healthcare professionals, government agencies, and individuals around the world to determine family relationships with trusted accuracy.

More Questions? Don’t hesitate to call us: we’re here to help!