Pennsylvania paternity cases fall into two general categories, those involving children born during marriage and those with children born outside of wedlock.

Intact Marriage

Pennsylvania law has historically maintained that children born to intact marriages are considered to be the children of the husband. In those cases, the identity of the biological father is not even considered and genetic testing is not permitted except under very limited circumstances. A recent Pennsylvania Supreme Court case involving an intact marriage may signal that the standard for paternity in intact family situations may be changing to emphasize the best interests of the child.

Out of Wedlock

When children are born out of wedlock, paternity is often established by blood and/or genetic testing (if paternity is not acknowledged by the father of the child at some prior time). Both married and unmarried fathers may be prevented from contesting paternity where the individual holds the child out to be his own and either receives the child into his home or provides support for the child.