If you and your child’s other parent were not married when your child was born, the law does not automatically recognize the other parent. Establishing paternity (or parentage) is a legal process that gives your child the same rights and benefits as a child born to married parents—and gives both parents important legal rights and responsibilities.
Why Establishing Paternity Matters
By legally identifying both parents, you help ensure your child has access to:
- The other parent’s name on the birth certificate
- Family medical history (important for inherited conditions)
- Health or life insurance from either parent (if available)
- Financial support, including:
- Child support
- Veterans’ or military benefits
- Inheritance rights
Establishing paternity also gives both parents the legal right to:
- Ask the court for child support
- Seek custody or visitation
- Participate in major decisions affecting the child’s life
How to Establish Paternity
Option 1: Voluntary Acknowledgment of Paternity (VAP)
If you’re over 18 and both parents agree on who the biological father is, you can establish paternity without going to court by signing a Voluntary Acknowledgment of Paternity (VAP) form.
You can sign the VAP:
- At the hospital, after the baby is born
- At a DCSS office or the Office of Vital Statistics
- Anytime until your child turns 18, or 19 if still in high school
Once filed, both parents’ names will appear on the birth certificate. There’s no fee, and either parent has 60 days to rescind (cancel) the VAP if they change their mind.
Important: Presumed Fathers
If the mother was married within 300 days before the child’s birth — or if another man lived with the child for the first two years and treated the child as his own — that man is considered the presumed father under Delaware law.
In these cases:
- Both the presumed father and the biological father must complete a Denial of Paternity (DOP) form
- Both the VAP and DOP must be filed with the Office of Vital Statistics (OVS)
- Neither document is valid until both are received and filed
Option 2: Genetic Testing
If either parent is unsure about paternity, DCSS can help coordinate genetic (DNA) testing.
- Testing is simple, noninvasive, and can show a 99% or greater probability of biological paternity
- If results confirm paternity, legal parentage can be established through Family Court
Special Note for Parents Under 18 (Minors)
Due to a 2022 law (House Bill 432), minor parents (under age 18) are not permitted to sign a VAP.
If you are under 18 and want to establish paternity, DCSS and Delaware Family Court have a process in place just for you. This includes:
- Free genetic testing provided by DCSS
Contact DCSS Customer Service at (302) 577-7171 to get started.
Learn More
Watch the Power of Two video to better understand how establishing paternity benefits your child—and how to get started.
Questions? Call DCSS Customer Service at (302) 577-7171
