Who The Father Is On Paper
23 Pa.C.S. 5103 — a legal finding of paternity, and 60 days to rescind
In Pennsylvania, a signed, voluntary, witnessed acknowledgment of paternity is a legal finding of paternity, and the father has all the rights and duties he would have had if married to the mother at the birth. The hospital or birthing center offers the form and gives written and oral notice of the alternatives and consequences.
Sixty days, or a proceeding first. Any signatory may rescind within the earlier of sixty days, or the date of an administrative or judicial proceeding relating to the child in which the signatory is a party, such as a domestic relations conference or a support proceeding.
Then only fraud, duress or material mistake. After the 60 days, the acknowledgment may be challenged in court only for fraud, duress or material mistake of fact, proved by clear and convincing evidence. A support order is not suspended during the challenge except for good cause shown.
A claim instead. If the mother does not join, the filing is indexed as a claim of paternity, which gives the putative father no rights as to the child except notice of any proceeding to terminate parental rights.
Conclusive for support. An acknowledgment is conclusive evidence of paternity, without further judicial ratification, in any action to establish support.
| The assumption | What the law actually does |
|---|---|
| The assumptionSigning at the hospital is only a form | What the law actually doesIt is a legal finding of paternity, subject to rescission within the period |
| The assumptionSupport stops while the man challenges it | What the law actually doesA support order is not suspended during the challenge, except for good cause shown |
Genetic testing, a mother married at the birth, and custody are separate from this page. What a particular situation carries is a question for a licensed Pennsylvania attorney.
Sources for this section (1)
- 23 Pa.C.S. 5103 — Acknowledgment and claim of paternity
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Pennsylvania attorney.