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Bucks County Divorce Attorneys > Blog > Family Law > Legal Ways to Prove Paternity If the Father Is No Longer Living

Legal Ways to Prove Paternity If the Father Is No Longer Living


Establishing paternity is essential for various legal and personal reasons, but the process can be more challenging when the alleged father is no longer living. That said, even when an individual is deceased, there are still legal avenues to proving paternity.

Share the specifics of your situation with a Bucks County family attorney. A skilled lawyer can help you secure the legal documentation you need, including evidence connected to paternity and child rights.

Genetic Testing and Legal Presumption

Genetic testing, such as DNA testing, is often a reliable method for a parent who is working to establish paternity. If the father has passed away, obtaining a DNA sample directly from the deceased father is likely not an option but other family members, such as siblings or grandparents who are willing to participate in genetic testing, can connect the father with a child Through advanced techniques, genetic markers are analyzed to establish a probability of paternity.

Additionally, if certain legal criteria are met, the law may presume the deceased father’s paternity. While criteria specifics vary by jurisdiction, presumption is typically connected to other legal connections, such as marriage to the child’s mother, acknowledgment of paternity, or financial support provided to the child during the father’s lifetime.

Consulting with a personal injury lawyer who is well-versed in family law and sharing the documentary evidence you currently have could lead to your desired outcome. Some of the documents that could be used to establish paternity to a deceased father include birth certificates, hospital records, letters, photographs, or any other forms of proof that connect the father to the child.

Witness Testimonies and Expert Consultations

Family members, friends, or individuals who are familiar with the relationship between the father and the child could be helpful in your efforts to establish paternity. They can provide testimonies regarding their observations, conversations, or any other relevant information that supports your claim of paternity.

And if there aren’t personal connections or the case is complex, expert consultations could provide valuable insights. Analysis and testing by geneticists, forensic experts, or other professionals could lead to scientific paternity conclusions.

Proving paternity when an alleged father is deceased is sometimes simple, but other cases require intricate legal processes and there may be challenges along the way. If you are seeking guidance on navigating the process, a Bucks County family attorney who specializes in family law can assess the evidence you do have, discuss other ways to gather proof, advise on the most appropriate legal strategies, file necessary documents, and advocate for your rights in court, if your fight to prove paternity advances to that point.

Have you considered working to establish paternity? Proving paternity when an alleged father is no longer living can be difficult, but it is not an insurmountable task. The legal team at Kardos, Rickles & Hand can help you explore various legal options, such as genetic testing, establishing legal presumptions, presenting documentary evidence, obtaining witness testimonies, and seeking expert consultations. Call 215-968-6602 to schedule your consultation today.

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