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You are here: Families & Children > Family Law Overview > Parentage Overview
In parentage cases (also called "paternity cases"), the court says who a child's parents are.
If parents are married when a child is born, there is usually no question about parentage. The law assumes that the husband is the father.
After January 1, 2005, if parents are registered domestic partners when a child is born, the law assumes that the domestic partners are parents. However, since this law is new and unsettled, same sex parents should get legal advice to make sure that the parentage is clear.
Parents who are not married when a child is born can sign a Voluntary Declaration of Paternity before they leave the hospital or after. When people who are not married can't agree about paternity, the court can order genetic testing.
Usually a child's parentage must be established before you can get child support or custody and visitation orders. You can ask the judge for child support or custody and visitation orders as part of a case that establishes the child's parentage.
For more information, go to this Self-Help Center's section on Parentage.
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Last modified: 01/05/2009
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