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Paternity Establishment in Delaware

Establishing paternity means legally determining the father of a child. If a child's parents were not married to each other when the child was born, the law does not recognize the father unless paternity is legally established. Establishing paternity will give your child the same rights and benefits as children born to married parents. These rights and benefits include:

  • Legal proof of each parent's identity
  • Information on family medical history in case of inherited health problems
  • The child knowing the identity of both parents
  • The father's name on the birth certificate
  • Medical or life insurance from either parent (if available)
  • Financial support from both parents, including child support, Social Security, veteran benefits and military allowances (if applicable), and inheritance.

Establishing paternity gives the father and mother legal rights. You can:

  • Seek a court order for child support
  • Seek a court order for custody or visitation
  • Have a say in certain legal decisions about the child

The easiest way to establish paternity is administratively (without going to court) via our Voluntary Acknowledgement of Paternity program. The mother and father sign an affidavit saying the child is theirs. This can be done at the hospital before the baby is discharged or at a local Child Support Enforcement office. Paternity can also be established by order of the court.

-- Delaware Division of Child Support Enforcement

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