Paternity is legal fatherhood—and establishing it is one of the most important steps in the child custody and support processes. A man is generally presumed to be the father of children born to his wife during their marriage. For unmarried parents, the biological father does not have legal rights to his child until paternity is established. Paternity may be established through a court-ordered paternity test, or by the father signing an acknowledgment of paternity (AOP).

In a case of mistaken paternity, a man who believes he is not the father of the child may file a petition (lawsuit), and the court may generally terminate the parent-child relationship and the man’s obligation to pay child support upon proof through genetic testing that he is not the father of the child.

The process of adding a father to a birth certificate is an important issue related to paternity.

In Virginia, paternity is the legal recognition of a man as the father of a child. When a child is born to married parents, the husband is presumed to be the father. For children born to unmarried parents, the biological father does not have legal rights until paternity is established. Paternity can be established voluntarily by signing an Acknowledgment of Paternity (AOP) form or involuntarily through a court-ordered DNA test. If a man has reason to dispute paternity, he can file a petition with the court, and if genetic testing confirms he is not the biological father, the court may terminate his parental rights and responsibilities, including child support obligations. Establishing paternity is also a necessary step for adding the father's name to the child's birth certificate. Virginia law provides clear procedures for establishing or contesting paternity to protect the rights and welfare of the child, the mother, and the presumed father.