Legal Definitions - bastardy process

A "bastardy process" is an older legal term for what is now more commonly known as a paternity suit or paternity action. This legal procedure is initiated to officially determine the biological father of a child. The primary purpose of a paternity suit is to establish legal parentage, which then forms the basis for various rights and responsibilities. These can include:

• Establishing a legal obligation for child support.
• Granting custody and visitation rights to the father.
• Allowing the child to inherit from the father's estate.
• Adding the father's name to the child's birth certificate.
• Providing the child with access to the father's medical history or benefits.

Paternity suits often involve DNA testing to provide definitive proof of parentage.

Here are some examples of how a paternity suit might apply:

• Child Support Enforcement:

  Example: Maria gave birth to a daughter, Sophia, after a short relationship with David. David denies he is Sophia's father and refuses to provide any financial support. To ensure Sophia receives the financial resources she needs, Maria files a paternity suit against David. The court orders DNA testing, which confirms David is Sophia's biological father. This legal action formally establishes David's legal fatherhood, allowing the court to then order him to pay child support for Sophia's upbringing.

• Establishing Inheritance Rights:

  Example: A wealthy businessman, Mr. Thompson, passes away without a will. A young man named Alex comes forward, claiming to be Mr. Thompson's son, born from a relationship Mr. Thompson had years ago that was never publicly acknowledged. To prove his claim and potentially inherit from Mr. Thompson's substantial estate, Alex's legal representative initiates a paternity suit against Mr. Thompson's estate. DNA evidence, possibly obtained from stored samples or through comparison with close relatives, is used to establish that Mr. Thompson was indeed Alex's biological father, thereby granting Alex potential inheritance rights.

• Seeking Parental Rights and Custody:

  Example: Robert had a child, Emily, with his former girlfriend, Jessica. After their relationship ended, Jessica moved to another state and began to deny Robert access to Emily, claiming he wasn't the father. Robert, wanting to be an active parent and secure regular visitation and shared custody, files a paternity suit. Once the court confirms his biological fatherhood through DNA testing, Robert can then petition for legal custody and visitation arrangements, ensuring he has a legal right to be involved in Emily's life.