She tells you she’s pregnant, what do you do? (A) Run like the wind, (B) Man-up to your responsibilities, or (C) Visit Navy Legal? While most men choose among the first two, every potential father should speak to a lawyer.

We all know biologically there’s only one way to become a dad.  But in the legal system there are three ways to become a father — what the law calls establishing paternity.

The first way, presumptive fatherhood, exists when the mother is married.

A married mother’s husband is presumed to be the father of the child, and a marriage certificate is the only thing needed to prove paternity at birth.

The second path to fatherhood, called acknowledged fatherhood, exists when a father voluntarily signs an affidavit of paternity.  Often, if a man is present at the birth, but not married to the mother, he will be asked to sign an affidavit. Some child support agencies will ask a man to sign an affidavit if the mother says he’s the father. But, no man should sign an affidavit unless he’s absolutely sure he’s the father, as signing it creates legal obligations very difficult to reverse.

The third option is adjudicated fatherhood. Here, a court determines the father, usually by ordering a DNA test. It is important to have the court order the test, as private tests cannot be used to prove paternity.

If you need help understanding the rights and obligations of fatherhood, schedule an appointment with a military attorney at your nearest Navy Legal.

Naval Legal Service Office Northwest

Bremerton:
(360) 476-2156

Bangor:
(360) 396-6003

Everett:
(425) 304-4551

Whidbey:
(360) 257-2126