The Old Rule
When a child was born during a marriage, Pennsylvania law automatically treated the husband as the legal father, and courts could almost never order DNA testing to challenge that. The presumption was close to ironclad.
What Changed
In Sitler v. Jones, the Pennsylvania Supreme Court lifted what it called a “near-absolute embargo” on DNA testing in these cases. DNA testing is no longer automatically blocked, but it is not automatic either. Courts must now weigh the specific facts of each situation, with the child’s best interests at the center.
How It Works Now
A man who believes he is a child’s biological father (called a “putative father”) can ask a court to order DNA testing even if the mother is married. To succeed, he must show two things by clear and convincing evidence:
- There is a reasonable possibility he is the biological father. 1.
- Ordering testing — and potentially changing the child’s legal parentage — would serve the child’s best interests. The court also considers the interests of the mother and her husband. 2.
Simply suspecting you might be the father is not enough. Courts will look closely at the child’s existing relationships, stability, and circumstances before allowing testing.
What It Means
- The Husband remains the legal father by default. The presumption still applies, but it can now be challenged if another man makes a credible claim.
- Courts will focus on the child’s best interests rather than on whether you are married. A challenger still faces a high burden.
- A putative father may have a path to DNA testing, but it requires a strong showing on both points above. Acting promptly matters.
Important Caveats
A separate doctrine — “paternity by estoppel” — can still independently block DNA testing when a man has acted as the child’s father. That issue was not fully resolved in Sitler and was sent back to the lower court. The Supreme Court also noted that the legislature could pass a clearer law; until it does, courts will continue developing standards case by case.
Pennsylvania Family Law Attorneys at Eckell Sparks Assist Clients with Paternity Concerns
If you have questions about paternity, parental rights, or DNA testing, our Pennsylvania family law attorneys at Eckell, Sparks, Levy, Auerbach, Monte, Sloane, Matthews & Auslander, P.C. can help you understand how Pennsylvania’s new paternity laws may affect your rights and your family. Call 610-565-3700 or contact us online to schedule a consultation today. Located in Media and West Chester, Pennsylvania, we serve clients in the surrounding areas.