Legal Definitions - bastardy proceeding

A bastardy proceeding, more commonly referred to today as a paternity suit or paternity action, is a legal process initiated to officially determine the biological father of a child. This action is typically pursued when the parents are not married to each other, or when there is a dispute about who the biological father is. The primary purpose is to establish legal parentage, which can have significant implications for child support, custody, visitation rights, inheritance, and access to various benefits.

Here are some examples of when a paternity suit might be initiated:

• Establishing Child Support: After giving birth, Maria believes John is the father of her child, but John denies paternity and refuses to contribute financially to the child's upbringing. Maria could file a paternity suit to legally establish John as the child's father. If the court confirms John's paternity, it would then typically issue an order requiring him to pay child support, ensuring the child receives financial assistance from both parents.

• Securing Inheritance Rights: A wealthy individual, Mr. Thompson, passes away without a will. Years later, a young man named Alex comes forward, claiming to be Mr. Thompson's son from a past relationship, seeking a share of the estate. The estate's executor or Alex himself might initiate a paternity proceeding to legally confirm whether Mr. Thompson was indeed Alex's biological father. A successful outcome would establish Alex's legal right to inherit from Mr. Thompson's estate.

• Obtaining Parental Rights and Responsibilities: David, who was in a relationship with Emily, believes he is the father of her newborn child. Emily, however, has moved away and is preventing David from seeing the child or being involved in their life. David could file a paternity suit to legally establish himself as the child's father. If paternity is confirmed, the court could then grant him visitation rights, shared custody, or other parental responsibilities, allowing him to be a part of his child's life.