How is paternity established?
There are three main ways to establish paternity:
- Marriage - If a child is born during the marriage or within 300 days after a divorce, the law assumes the spouses are the child’s parents.1
- Signing an acknowledgment of parentage - Parents can sign this form:
- at the hospital when the child is born; or
- at the Rhode Island Center for Vital Records after the birth.2
- Going to court - A petition to establish parental rights and responsibilities can be filed in family court or superior court.3 The person filing it must provide the Social Security number of the person s/he believes is the father. If paternity is established, the court shares this information with the Office of Child Support Services.4 The petition can be filed by:
- the child;
- the person who gave birth;
- the person whose parentage is being decided;
- the Office of Child Support Services; or
- a representative authorized by law.5
1 R.I. Gen. Laws § 15-8.1-401
2 Rhode Island Office of Child Support Services website
3 R.I. Gen. Laws § 15-8.1-111
4 R.I. Gen. Laws § 15-8.1-104(c), (e)
5 R.I. Gen. Laws § 15-8.1-105