How to File for Paternity in Indiana: A Step-by-Step Guide

Introduction: Why Establishing Paternity Matters

Establishing legal paternity in Indiana is essential for unmarried fathers who want rights to their child. Without legal paternity, a father has no custody, visitation, or decision-making rights, even if his name is on the birth certificate.

This guide walks you through the step-by-step process of filing for paternity in Indiana, whether through a voluntary acknowledgment or a court-ordered process.

📞 Need help with a paternity case? Contact Vining Legal at (317) 759-3225 for a consultation.

Step 1: Determine How You Will Establish Paternity

There are two main ways to establish paternity in Indiana:

✅ Option 1: Voluntary Establishment of Paternity

The easiest way to establish paternity is for both parents to sign a Voluntary Acknowledgment of Paternity (VAP) form.

• This form is available at the hospital at the time of the child’s birth.

• It can also be completed later at a local health department or Child Support Division office.

• Once signed, it grants the father legal status as the child’s father but does NOT automatically give custody or visitation rights.

✅ Option 2: Court-Ordered Paternity Action

If the mother denies paternity or the father wants to prove paternity, either parent can file a petition with the court to request DNA testing.

• A paternity test may be required to establish legal fatherhood.

• The court will issue a ruling once test results confirm paternity.

• A father can also use this process to seek custody, parenting time, or child support orders.

Step 2: File a Paternity Petition in Court

If paternity is not voluntarily acknowledged, the next step is to file a paternity petition with the appropriate county court in Indiana.

• The child’s mother, the alleged father, or the Indiana Department of Child Services (DCS) can file this petition.

• This legal action asks the court to officially recognize the father as the legal parent.

• If the mother contests paternity, the court may order genetic testing.

Step 3: DNA Testing (If Required)

If either parent disputes paternity, the court may require a DNA test to confirm biological fatherhood.

• The test is 99.9% accurate and conducted by a court-approved lab.

• Both parents and the child must provide DNA samples.

• Results typically take a few weeks.

If the DNA test confirms paternity, the court will proceed with issuing a legal paternity order.

Step 4: Court Hearing & Establishing Legal Paternity

After paternity is confirmed (by DNA test or voluntary acknowledgment), the court will issue an order establishing paternity.

At this stage, the court may also address:
✔ Custody & Parenting Time – The father can request joint custody or visitation.
✔ Child Support Obligations – The court may order the father to pay child support.
✔ Legal Decision-Making Rights – Establishing paternity gives the father a say in education, healthcare, and religion.

Step 5: Updating the Birth Certificate

Once paternity is legally established, the father’s name can be added to the birth certificate (if not already included).

• This is done by submitting a request to the Indiana Department of Health.

• A new birth certificate will be issued with the father’s name.

Why Fathers Should Establish Paternity

Establishing paternity benefits both the father and the child by ensuring:

✔ Legal Parental Rights – Fathers can seek custody, visitation, and decision-making authority.
✔ Child’s Right to Support – The child is entitled to financial support from both parents.
✔ Medical & Inheritance Benefits – The child gains access to the father’s health insurance, Social Security, and inheritance rights.

Why You Need an Attorney for Paternity Cases

While paternity can be established voluntarily, legal disputes often arise. An Indiana paternity attorney can:

✔ Guide you through the court process if the mother disputes paternity.
✔ Help you secure custody and parenting time after paternity is established.
✔ Ensure your rights as a father are protected in court.

📞 Need help with a paternity case? Call Vining Legal at (317) 759-3225 or schedule a consultation today!

Conclusion

Establishing paternity in Indiana is essential for unmarried fathers who want to be involved in their child’s life. Whether through voluntary acknowledgment or a court-ordered process, legal paternity ensures custody, visitation, and decision-making rights.

If you need assistance filing for paternity, Vining Legal is here to help. Contact us today for expert guidance!