Biological Father vs Legal Father

Biological Father vs Legal Father

legal father vs biological father

What is the difference between legal father and biological father?

A legal father is a man who signs a birth certificate to claim responsibility for a child he deems as his offspring. Not in all cases are legal fathers the biological father of a child. A biological father can be both a legal and biological father. The signing of the birth certificate legalizes an alleged father’s claim to the child in the state’s eyes, therefore, making him the responsible financial party of the child.

So, understanding what a legal father is, can help thousands of men nationwide avoid signing a birth certificate which will legally make the alleged father responsible for a child that may not be his own. It is important to note that alleged fathers are not required by law to sign a birth certificate at the hospital. Knowing this can alleviate a lot of the pressure to sign a birth certificate by hospital officials.

If you are uncertain that you may be the biological father or even if you are considering becoming a father in the future. It would be wise to make sure you understand your state laws on paternal rights or you may want to seek out an attorney to advise you.

Now if you have already signed a birth certificate a paternity test is your strongest option to help determine whether an alleged father is the actual biological father. To learn more about how paternity testing process as it pertains to your current situation. Please contact us at 877-680-5800 today.


Does NJ have a Putative Father Registry?


What is the legal definition of a Parent in NJ?

“Parent” means a birth parent or parents, including the birth father of a child born out of wedlock who has acknowledged the child or to whom the court has ordered notice to be given.

Revocation of claim to paternity
Ann. Stat. § 9:17-41

A signed voluntary acknowledgment of paternity shall be considered a legal finding of paternity subject to the right of the signatory to rescind the acknowledgment within 60 days of the date of signing, or by the date of establishment of a support order to which the signatory is a party, whichever is earlier.The adjudication of paternity shall only be voided upon a finding that there exists clear and convincing evidence of fraud, duress, or a material mistake of fact, with the burden of proof upon the challenger.

Learn more about New Jersy’s Paternity laws by clicking here.

Legal uses for Paternity Testing

Proof of biological relationship for Child Support cases

Proof of biological relationship for Birth Certificate (adding the father’s name to the birth certificate)

Inheritance: Estate cases when an alleged father is deceased.

Immigration: Petitioning for biological child

Proof of biological relationship to provide evidence to a judge to gain legal rights for your child.

To learn more about the Paternity Testing use as it pertains to your situation please contact one of our DNA Testing Experts today at 877-680-5800.


All DNA Tests are performed by an American Association of Blood Banks (AABB) Accredited Parentage Testing Laboratory.


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