Establishing Paternity in Massachusetts

When Parents are not married:

A voluntary acknowledgment of parentage must be signed by both parties stating the child is their biological child for both parents’ names to be listed on the birth certificate. If the biological father declines to sign an acknowledgment form, a complaint to establish paternity may be filed with the court. Thus, legal fatherhood is established when a voluntary acknowledgment form is signed or when the court establishes paternity.

What is Voluntary Acknowledgment of Parentage?

The mother and father mutually agree he is the biological father by signing the voluntary acknowledgment document with vital records. In addition to the mother’s name on the birth certificate, the father is also named, giving him legal rights to fatherhood. Some of the benefits of having both parents’ names on the birth certificate include:

• Access to family health history
• Medical benefits
• Child support/public assistance
• Death benefits/ inheritance

Complaint to Establishing Paternity:

Paternity can be established by DNA testing that the court orders. There are many reasons to establish paternity, including financial responsibilities, such as child support. The state can file a Complaint to Establish Paternity to regain costs associated with welfare the mother has received to raise the child. Massachusetts law does not limit those who can file to establish paternity.

An order of paternity can be sought by the:

• Mother
• Alleged father
• Child
• Child’s guardian
• A representative of a Massachusetts public assistance program.

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