How To Establish Paternity When The Father Is Deceased
Published November 21, 2022
As a parent, a lot of people would tell you that your presence is enough to support your child. But you must also not forget that there are many other things you can do that are perhaps more helpful.
Establishing paternity, for example, provides a lot of benefits to a child. It gives the child the right to claim social security, life insurance, inheritances, pensions, and medical insurance coverage.
Moreover, it provides the child with a sense of identity and belonging.
That’s why experts often advise parents to establish paternity, even in dire circumstances, like, for example, when the father is deceased. The benefits it brings are simply too important to pass up.
Unfortunately, in that particular scenario where the father is deceased, the process can be incredibly complex and difficult. After all, the main point of establishing paternity is to give a child a legal father.
You may even wonder, is it still possible to establish paternity when the father is deceased?
Can You Establish Paternity When Father Is Deceased?
Yes, you can still establish paternity when the father is deceased. In fact, you have several ways to do so, though admittedly, usually, only one is applicable or viable in your particular case.
It’s also worth noting that there’s a possibility you may not have to establish paternity at all.
That only applies if the alleged father and the mother were married. In that case, the law assumes that the husband is the father automatically, so there’s no need to establish paternity.
Of course, this would require the permission of the mother.
In addition, it usually only applies if the child was born within around 300 days after their father’s death. This number may vary according to the state or country this entire matter is based.
Now, what if the child was conceived and born out of wedlock?
In these cases, it’ll be much more complicated, but it’s not impossible to establish paternity. But before we get to that, it might be for the best if you first learn how the process usually goes.
How Does Establishing Paternity Normally Work?
It usually goes in one of two ways:
If the father and mother of the child are in an unmarried relationship, they must voluntarily acknowledge their parenthood. To do this, they must sign an Acknowledgment of Paternity or AOP.
If either one of them, or both, doesn’t want to acknowledge their parenthood, their relatives or the other parent can file a petition. In this case, the alleged father must go through genetic testing.
Either way, the presence of the father is necessary, so how will the process go then?
How To Establish Paternity When The Father Is Deceased
There’s only one way how to establish paternity when the father is deceased—a paternity test. For your reference, a paternity test uses DNA to match the father’s gene with the child’s.
That’s why the process becomes a mess if the father is deceased—the DNA won’t be as accessible.
However, ‘not accessible’ doesn’t mean ‘impossible to find.’ It’s still possible to perform a DNA test when father is deceased. You can either dig out the corpse from the ground, which is legal in some states, by the way, under certain circumstances, or request a DNA sample from the coroner’s office.
The main goal is to obtain a sample of the deceased father’s DNA.
If that’s not possible, you have another option—obtain a DNA sample of the alleged father’s relatives. The closer they are, the better. The father’s parents, for example, should suffice.
Once the DNA is available, you must then obtain a DNA sample of the child. That should be easy enough. After obtaining both DNA samples, you simply have to look for a medical facility or a lab.
At that point, you just have to request a paternity test and then wait for the results.
Wrapping Up
As much of a hassle as this is, you must remember just how helpful paternity can be to the child. It not only gives them a sense of belonging and identity, but it also provides numerous practical benefits. So, do this not for you but for the child who has a bright future ahead.
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About The Author
Lenard Arceo is an experienced blogger and writer who enjoys learning to code in his spare time. His commitment to delivering factual content is what has helped him create hundred of helpful articles that have reached millions of people.
