How to Establish Paternity in Arkansas
Reviewed by DocDraft Legal Team · Arkansas · Last updated 2026-09-12
In Arkansas, establishing paternity means legally identifying a child's father so the child gains rights to support, custody, inheritance, and benefits. Unmarried parents who agree can sign an Acknowledgment of Paternity; either signer may cancel it during the federal 60-day rescission window, after which it can be challenged only for fraud, duress, or material mistake of fact. When parents disagree, a court determines parentage under the Arkansas Rules of Civil Procedure. Two Arkansas rules are load-bearing. A proceeding to adjudicate the parentage of a child may be commenced at any time, and once the child turns 18 only the child may start it (Ark. Code 9-10-102(c)(1)), so Arkansas has no fixed cutoff to establish paternity. Arkansas recognizes a common-law marital presumption that a man married to the mother at the time of conception or birth is the child's presumed father, and a proceeding to disprove that relationship may be maintained at any time if the court finds that scientific testing shows a 95 percent or greater probability that the presumed father is not the biological father, or that the presumed father and mother neither lived together nor had intercourse during the probable time of conception and he never openly held out the child as his own (Ark. Code 9-10-102(c)(2)). For establishing paternity, genetic tests showing a 95 percent or greater probability of inclusion make a prima facie case that shifts the burden to the putative father (Ark. Code 9-10-108). Attorney review of your situation is available through DocDraft.
Find out where you stand in Arkansas
Where are you in establishing paternity?
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What are the ways to establish paternity in Arkansas?
Unmarried parents who agree can sign an Acknowledgment of Paternity, which establishes the legal father without court. If parents disagree, a paternity action proceeds under the Arkansas Rules of Civil Procedure (Ark. Code 9-10-102), usually after genetic testing, and the court can then set support and custody.
How long do I have to establish paternity in Arkansas?
A proceeding to adjudicate the parentage of a child may be commenced at any time under Ark. Code 9-10-102(c)(1). Once the child reaches 18, only the child may start the proceeding. Arkansas sets no fixed cutoff to bring a paternity case while the child is a minor.
Is a married mother's husband automatically the father in Arkansas?
Under Ark. Code 9-10-102, a man married to the mother at the time of the child's conception or birth is the presumed father under common law. A proceeding to disprove that relationship may be maintained at any time if scientific testing shows a 95 percent or greater probability that he is not the biological father.
What genetic-testing result establishes paternity in Arkansas?
Under Ark. Code 9-10-108, genetic tests establishing a 95 percent or greater probability of inclusion that the putative father is the biological father constitute a prima facie case of paternity, and the burden of proof then shifts to the putative father to rebut that evidence.
Arkansas paternity law at a glance
Arkansas centers its paternity rules in Ark. Code 9-10-102, and two features stand out. First, timing is generous: a parentage proceeding may be commenced at any time, and only after the child turns 18 is it limited to one the child initiates (Ark. Code 9-10-102(c)(1)). There is no limitations period while the child is a minor. Second, Arkansas uses a 95 percent genetic threshold on both sides. For establishing paternity, a 95 percent or greater probability of inclusion is a prima facie case that shifts the burden to the putative father (Ark. Code 9-10-108). For disproving a marital presumption, a proceeding may be maintained at any time if testing shows a 95 percent or greater probability that he is not the biological father, or if he and the mother neither cohabited nor had intercourse around conception and he never held the child out as his own (Ark. Code 9-10-102(c)(2)).
Establishing Arkansas paternity for a child born to unmarried parents
Suppose a child is born in Arkansas to unmarried parents who agree on the father. Both sign an Acknowledgment of Paternity at the hospital, establishing the legal father and adding him to the birth certificate. A month later one parent has doubts but can still file a rescission within the federal 60-day window; after that, the acknowledgment stands unless set aside for fraud, duress, or material mistake of fact. Had the parents instead disputed parentage, either could ask the court for genetic testing, where a 95 percent or greater probability of inclusion makes a prima facie case, shifting the burden to the putative father (Ark. Code 9-10-108). Because Arkansas sets no fixed cutoff, the case could be brought any time while the child is a minor; only after the child turned 18 would it be limited to one the child brings (Ark. Code 9-10-102(c)(1)). Attorney review is available through DocDraft.
Relevant Laws
Ark. Code 9-10-102 (paternity actions, presumed father, and disproving parentage)
Provides that a proceeding to adjudicate the parentage of a child may be commenced at any time, and only by the child after the child turns 18, defines a presumed father as a man married to the mother at conception or birth under common law, and allows a proceeding to disprove that relationship at any time on specified findings including a 95 percent or greater probability that the presumed father is not the biological father.
Ark. Code 9-10-108 (genetic testing and prima facie case)
Provides that genetic tests establishing a 95 percent or greater probability of inclusion that the putative father is the biological father constitute a prima facie case of paternity, shifting the burden of proof to the putative father.
Ark. Code 20-18-408 and 20-18-409 (acknowledgment of paternity)
Provide for a father to be named on a birth certificate and for parentage to be established through a signed acknowledgment of paternity filed with vital records.
42 U.S.C. 666(a)(5) and 45 CFR 303.5 (federal voluntary acknowledgment and 60-day rescission)
Federal law requires every state child-support program to offer an in-hospital voluntary paternity acknowledgment, a 60-day period to rescind it, and a rule that after 60 days the acknowledgment may be challenged only for fraud, duress, or material mistake of fact.
Arkansas Office of Child Support Enforcement
The Office of Child Support Enforcement, part of the Arkansas Department of Finance and Administration, can open a case to establish paternity and support and administers the Acknowledgment of Paternity process.
Regional Variances
Arkansas paternity rules at a glance
Voluntary path
Unmarried parents establish the legal father by signing an Acknowledgment of Paternity, available at hospitals, child support offices, and vital records offices, which lets the father be added to the birth certificate.
Rescission window
A signer may rescind the acknowledgment within the federal 60-day window, or before an earlier court proceeding about the child. After that, only fraud, duress, or material mistake of fact will set it aside.
Marital presumption
A man married to the mother at conception or birth is the presumed father under common law; disproving it requires the specific findings in Ark. Code 9-10-102(c)(2), such as a 95 percent test result excluding him.
Deadline to establish
A proceeding to adjudicate parentage may be commenced at any time, and only by the child once the child turns 18 (Ark. Code 9-10-102(c)(1)). There is no fixed statute of limitations while the child is a minor.
Genetic-testing threshold
Genetic tests showing a 95 percent or greater probability of inclusion make a prima facie case of paternity that shifts the burden to the putative father (Ark. Code 9-10-108).
Who administers it
The Office of Child Support Enforcement, part of the Arkansas Department of Finance and Administration, opens paternity and support cases; disputed parentage is decided by the circuit court, which may order genetic testing.
Suggested Compliance Checklist
Confirm whether the child already has a presumed father
Before signing or filing anything days after startingDetermine whether the mother was married at the child's conception or birth, which makes her husband the presumed father under Arkansas common law (Ark. Code 9-10-102). Disproving that relationship requires the specific findings in Ark. Code 9-10-102(c)(2).
Get genetic testing if biological parentage is uncertain
Before signing an acknowledgment days after startingBecause acknowledging paternity carries legal duties, obtain genetic testing first if there is any doubt. Under Ark. Code 9-10-108, a 95 percent or greater probability of inclusion makes a prima facie case of paternity.
Sign the Acknowledgment of Paternity
At the hospital or a local office days after startingUnmarried parents who agree sign an Acknowledgment of Paternity to establish the legal father without court. Keep a copy. Attorney review of your paternity matter is available through DocDraft.
Track the federal 60-day rescission window
Within 60 days of signing days after startingIf you need to cancel a signed acknowledgment, file a rescission within the federally mandated 60-day window, or before an earlier court proceeding about the child. After that, only fraud, duress, or material mistake of fact will undo it.
File a paternity action if parents disagree
Any time while the child is a minor days after startingIf parents do not agree, ask the Office of Child Support Enforcement to open a case or file a paternity action, which proceeds under the Arkansas Rules of Civil Procedure (Ark. Code 9-10-102). The court can order genetic testing and enter an order of paternity.
Keep records of the acknowledgment, testing, and orders
Ongoing days after startingSave copies of the signed acknowledgment, any genetic-test results, and court papers, and calendar the federal 60-day rescission window and any support-hearing dates so you do not miss a right-forfeiting date.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Confirm whether the child already has a presumed father | Determine whether the mother was married at the child's conception or birth, which makes her husband the presumed father under Arkansas common law (Ark. Code 9-10-102). Disproving that relationship requires the specific findings in Ark. Code 9-10-102(c)(2). | - | Before signing or filing anything |
| Get genetic testing if biological parentage is uncertain | Because acknowledging paternity carries legal duties, obtain genetic testing first if there is any doubt. Under Ark. Code 9-10-108, a 95 percent or greater probability of inclusion makes a prima facie case of paternity. | - | Before signing an acknowledgment |
| Sign the Acknowledgment of Paternity | Unmarried parents who agree sign an Acknowledgment of Paternity to establish the legal father without court. Keep a copy. Attorney review of your paternity matter is available through DocDraft. | - | At the hospital or a local office |
| Track the federal 60-day rescission window | If you need to cancel a signed acknowledgment, file a rescission within the federally mandated 60-day window, or before an earlier court proceeding about the child. After that, only fraud, duress, or material mistake of fact will undo it. | - | Within 60 days of signing |
| File a paternity action if parents disagree | If parents do not agree, ask the Office of Child Support Enforcement to open a case or file a paternity action, which proceeds under the Arkansas Rules of Civil Procedure (Ark. Code 9-10-102). The court can order genetic testing and enter an order of paternity. | - | Any time while the child is a minor |
| Keep records of the acknowledgment, testing, and orders | Save copies of the signed acknowledgment, any genetic-test results, and court papers, and calendar the federal 60-day rescission window and any support-hearing dates so you do not miss a right-forfeiting date. | - | Ongoing |
Frequently Asked Questions
Establishing paternity in Arkansas means legally identifying a child's father so the child can receive support, custody, inheritance, and benefits. It can be done by signing an Acknowledgment of Paternity or through a court action to adjudicate parentage under Ark. Code 9-10-102.
Unmarried parents who agree can sign an Acknowledgment of Paternity, which establishes the legal father without court. If parents disagree, a paternity action proceeds under the Arkansas Rules of Civil Procedure (Ark. Code 9-10-102), generally after the court orders genetic testing.
A proceeding to adjudicate the parentage of a child may be commenced at any time under Ark. Code 9-10-102(c)(1). Once the child turns 18, only the child may initiate it. There is no fixed statute of limitations to establish paternity while the child is a minor.
A man married to the mother at the time of the child's conception or birth is the presumed father under Arkansas common law (Ark. Code 9-10-102). A proceeding to disprove that relationship may be maintained at any time if the court makes specific findings, such as a 95 percent test result excluding him.
Under Ark. Code 9-10-102(c)(2), a court may disprove the relationship at any time if scientific testing shows a 95 percent or greater probability that the presumed father is not the biological father, or if he and the mother neither cohabited nor had intercourse during the probable time of conception and he never held the child out as his own.
Yes, within a limited window. A signer may file a rescission during the federally mandated 60-day period after signing, or before an earlier court proceeding about the child. After that, the acknowledgment can be set aside only for fraud, duress, or material mistake of fact.
Under Ark. Code 9-10-108, genetic tests establishing a 95 percent or greater probability of inclusion that the putative father is the biological father are a prima facie case of paternity, and the burden then shifts to the putative father to rebut that evidence.
The Office of Child Support Enforcement, part of the Arkansas Department of Finance and Administration, can open a case to establish paternity and support and administers the Acknowledgment of Paternity. When parentage is disputed, the circuit court decides it and can order genetic testing.
Other Arkansas guides
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