Paternity is defined as the relationship between a father and his child. Establishment of paternity is the way to make this relationship legal. There are many benefits for the parent and the child in making this a legal relationship.

Your child will benefit not only from knowing both parents, but also in knowing that it was important to you that the relationship be made legal for his benefit. Both parents have the right to a relationship with their child and establishing paternity provides the base on which to build that relationship.

Both you and your child need to know if there is a possibility that he or she may have inherited any health problems from either parent.

Other possible benefits your child may have the right to, but which might be denied if there is no legal relationship, are Social Security benefits, Inheritance Rights, Veteran's Benefit's, Medical Insurance and Life Insurance.

The State is required to register the child with the mother's last name, if the mother is not married at the time of the child's birth. If the father signs the paternity affidavit and the mother agrees, the child's last name can be changed to the father's last name, by Court order. By law, if the father signs the paternity affidavit, the father's name will be listed on the birth certificate.

Both parents are required, by law, to support their child. Establishing paternity is the first step in securing your child's right to financial support from the other parent.

If the mother is not married at the time of the birth, and was not married at the time of conception, paternity can be established in one of three ways:

Paternity Affidavit: The father may complete a paternity affidavit provided by the State Department of Health WITHIN 72 HOURS (3 DAYS) OF THE BIRTH OF THE CHILD. This must be signed by both the mother and the father. This form will be made available to the parents in the hospital at the same time that the birth certificate is completed.

Administrative: Effective July 1, 1997, paternity can be established by completing the required affidavit at the local health department in the jurisdiction where the birth occurred. A legal determination of paternity will exist 60 days after the affidavit is properly completed. This process is available until the child reaches 18 years of age.

Court Determination: Paternity may be established by filing a paternity action in court. The parties may agree to the paternity or request a DNA test and hearing.


If the alleged father agrees that he is the father of a child, then paternity can be established by agreement. Along with establishing the actual paternity, the Paternity Order will deal with issues related to medical expenses, visitation, and other important matters. The agreement must then be submitted to the Court for approval by the Juvenile Court Magistrate. If the parties agree on the question of paternity but disagree on other issues, a mediator will be provided at no cost to the parties. This service is financed through the Family Court office.

If a man wants to contest a paternity allegation the IV-D Office will get an Order from the Court for the parties to participate in DNA blood tests. If the custodial person is receiving AFDC assistance at the time, then the State of Indiana will pay for the testing to be done. The normal cost for DNA blood tests in Porter County at this time is $165.00. If the alleged father turns out to be the biological father, and paternity is then established, he will then be ordered to pay back the State for the DNA blood test costs. The support order is normally made retroactive to the date the Paternity Petition was filed in court, which creates a child support arrearage that he will be ordered to repay.

If State Medicaid paid for the birthing expenses, the father will be ordered to repay 50% of the total expenses paid by State Medicaid, pursuant to I.C. 31.14.17.1.

If a man wants to contest paternity and the custodial person is not currently receiving assistance the man will normally be ordered to pay for the paternity testing costs up front. If he is excluded as a possible father then the Mother or the State will reimburse him the test costs. Once paternity is established, enforcement efforts on the cases are done the same way as other cases in the IV-D office.

Even if you and the other parent are living together with your child as a family, you should still establish paternity for your child. No one can predict what events might occur in the future. Think of paternity establishment as an insurance policy against the unknown. If you and the other parent marry at some point after establishing paternity and support, the support order will never become active. However, doing this now will provide your child the right to support immediately if you and the other parent should ever split up.