ABA Family Legal Guide

Family Law

Children

Paternity

May an unmarried mother legally force the father of her baby to support the child?

Yes. Both parents, married or not, have a duty to support their child. If the father admits paternity, the father often will be asked to sign an affidavit (a legal statement) to that effect. Then, if necessary, it will be easier to force the father to help support the child. If he does not admit to being the father, the mother may file a paternity suit against him. If this civil action succeeds, the court will require the father to provide support. Often the court will also require the father to pay the mother's pregnancy and childbirth expenses.