Indiana-Paternity-Establishment-Law- 2026

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Paternity is a prerequisite to these parental rights. Once paternity is established, a father may pursue child custody and visitation rights. Many states offer simultaneous filing for paternity recognition and visitation and custody rights.
A mother can legally refuse to put the fathers name on the birth certificate if they are not married at the time of the childs birth. This decision is typically up to the mother, as unmarried fathers are not automatically recognized as legal parents until paternity is established.
(b) The mother, a man alleging to be the childs father, or the department or its agents must file a paternity action not later than two (2) years after the child is born, unless: (1) both the mother and the alleged father waive the limitation on actions and file jointly; (2) support has been furnished by the alleged
Indiana Paternity Establishment Law1 Paternity may be legally established through one of two methods: (1) execution of a paternity affidavit, or (2) filing in court to establish paternity. IC 31-14-2-1. Also, paternity is legally presumed in specific situations, but the presumption is subject to rebuttal.
If paternity is not established by marriage or the joint filing of a paternity affidavit at birth, any action filed to determine paternity, by either the putative father or the mother, must occur within two years of the childs birth date.

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Once paternity has been established, unmarried fathers have the same legal rights to seek custody and visitation as married fathers. However, the mother is presumed to have primary custody until a court order says otherwise.

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