How to Establish Paternity in Indiana
Reviewed by DocDraft Legal Team · Indiana · Last updated 2026-09-12
In Indiana, establishing paternity means legally identifying a child's father so the child gains rights to support, custody and parenting time, health coverage, inheritance, and benefits. There are two main paths. Unmarried parents who agree can execute a paternity affidavit on a form provided by the state department, usually at the hospital within 72 hours of birth or later at a local health department (Ind. Code 16-37-2-2.1). When parents do not agree, a court decides parentage in a paternity action under Ind. Code article 31-14. Indiana's timing rules are load-bearing. The mother, a man alleging to be the father, or the child support agency generally must file a paternity action not later than two years after the child is born, subject to exceptions such as a written acknowledgment or support already furnished (Ind. Code 31-14-5-3). Separately, the child may file at any time before reaching 20 years of age (Ind. Code 31-14-5-2). A man married to the mother is presumed to be the father if the child is born during the marriage or within 300 days after it ends, and a genetic test showing at least a 99 percent probability also creates a presumption of paternity (Ind. Code 31-14-7-1). Attorney review of your situation is available through DocDraft.
Find out where you stand in Indiana
Where are you in establishing paternity?
DocDraft provides document preparation, not legal advice.
How is paternity established in Indiana?
There are two routes. Unmarried parents who agree can execute a paternity affidavit on a state form, usually at the hospital within 72 hours of birth or later at a local health department (Ind. Code 16-37-2-2.1). If parents disagree, a court decides parentage in a paternity action, often after ordering genetic testing (Ind. Code article 31-14).
How long do I have to establish paternity in Indiana?
The mother, a man alleging to be the father, or the child support agency generally must file a paternity action not later than two years after the child is born (Ind. Code 31-14-5-3). Exceptions include a written acknowledgment of paternity or support already furnished. A child may file at any time before turning 20 (Ind. Code 31-14-5-2).
What is the marital presumption of paternity in Indiana?
Under Ind. Code 31-14-7-1, a man is presumed to be a child's biological father if he and the mother are or have been married and the child is born during the marriage or within 300 days after it ends by death, annulment, or dissolution. The presumption can be challenged in a paternity action, typically through genetic testing.
What genetic-testing result establishes paternity in Indiana?
Under Ind. Code 31-14-7-1, a man is presumed to be a child's biological father if a genetic test indicates at least a 99 percent probability that he is the father. A court can order genetic testing when parentage is disputed and then enter an order determining the parent-child relationship.
Indiana paternity law at a glance
Indiana lets unmarried parents establish paternity without court by executing a paternity affidavit, completed at the hospital within 72 hours of birth or later at a local health department (Ind. Code 16-37-2-2.1). A man who is a party to the affidavit may, within 60 days of signing it, file a court action to request a genetic test (Ind. Code 16-37-2-2.1). Two timing rules stand out. The mother, an alleged father, or the child support agency generally must bring a paternity action within two years of the child's birth, unless an exception such as a written acknowledgment or furnished support applies (Ind. Code 31-14-5-3), while the child may file any time before turning 20 (Ind. Code 31-14-5-2). A man married to the mother is presumed the father when the child is born during the marriage or within 300 days after it ends (Ind. Code 31-14-7-1).
Establishing Indiana paternity for a child born to unmarried parents
Suppose a child is born in Indiana to unmarried parents who agree on the father. At the hospital both sign a paternity affidavit within 72 hours of birth, which establishes paternity without a court hearing (Ind. Code 16-37-2-2.1). Weeks later the father has doubts and can still file a court action to request a genetic test within 60 days of signing (Ind. Code 16-37-2-2.1). Had the parents instead disputed parentage, either could file a paternity action, generally within two years of birth (Ind. Code 31-14-5-3), and the court could order genetic testing, where a result of at least a 99 percent probability creates a presumption of paternity (Ind. Code 31-14-7-1). Had the mother been married when the child was born, her husband would be presumed the father (Ind. Code 31-14-7-1). Attorney review is available through DocDraft.
Relevant Laws
Ind. Code 31-14-5-3 (two-year limit to file a paternity action)
Provides that the mother, a man alleging to be the child's father, or the child support agency must file a paternity action not later than two years after the child is born, unless an exception applies, such as a joint waiver, support furnished by the alleged father, a written acknowledgment of paternity, or inability to serve a party.
Ind. Code 31-14-5-2 (a child may file before age 20)
Provides that a child may file a paternity petition at any time before the child reaches 20 years of age, with a narrow extension if the child was incompetent on the 18th birthday.
Ind. Code 31-14-7-1 (presumption of paternity)
Provides that a man is presumed to be a child's biological father if he and the mother are or have been married and the child is born during the marriage or within 300 days after it is terminated, or if a genetic test indicates at least a 99 percent probability that he is the father.
Ind. Code 16-37-2-2.1 (paternity affidavit and 60-day genetic-test window)
Governs the paternity affidavit executed on a state-department form at the hospital within 72 hours of birth or later at a local health department, and allows a man who is a party to the affidavit to file a court action to request a genetic test within 60 days of executing it.
Indiana Department of Child Services, Child Support Bureau
The Indiana Department of Child Services, through its child support bureau, provides the written information attached to a paternity affidavit and can help parents establish paternity and child support.
Regional Variances
Indiana paternity rules at a glance
Voluntary path and form
Unmarried parents establish paternity by executing a paternity affidavit on a state-department form at the hospital within 72 hours of birth or later at a local health department (Ind. Code 16-37-2-2.1).
Window to request a genetic test
A man who is a party to a signed paternity affidavit may file a court action to request a genetic test within 60 days of executing it (Ind. Code 16-37-2-2.1); after that the affidavit establishes paternity.
Marital presumption
A man is presumed the father if he and the mother are or have been married and the child is born during the marriage or within 300 days after it ends (Ind. Code 31-14-7-1).
Deadline to establish
The mother, an alleged father, or the child support agency generally must file within two years of birth (Ind. Code 31-14-5-3), while the child may file any time before turning 20 (Ind. Code 31-14-5-2).
Genetic-testing threshold
A genetic test indicating at least a 99 percent probability that the man is the father creates a presumption of paternity (Ind. Code 31-14-7-1).
Who administers it
The Indiana Department of Child Services, through its child support bureau, supports paternity establishment; disputed parentage is decided by a court in a paternity action that may order genetic testing.
Suggested Compliance Checklist
Confirm whether a marital presumption applies
Before signing or filing anything days after startingDetermine whether the mother was married when the child was born or within 300 days before the birth, which triggers Indiana's presumption that her husband is the father (Ind. Code 31-14-7-1). If it applies, a paternity affidavit may not be the right path and a court action may be needed.
Get genetic testing if biological parentage is uncertain
Before signing an affidavit days after startingBecause a paternity affidavit carries the duties of parentage, obtain genetic testing first if there is any doubt. Under Ind. Code 31-14-7-1, a result of at least a 99 percent probability that the man is the father creates a presumption of paternity.
Execute the paternity affidavit
At the hospital within 72 hours, or later at a local health department days after startingUnmarried parents who agree sign a paternity affidavit on the state-department form (Ind. Code 16-37-2-2.1). Keep a copy. Attorney review of your paternity matter is available through DocDraft.
Track the 60-day genetic-test window
Within 60 days of signing days after startingIf you need genetic testing after signing, a party to the affidavit may file a court action to request a genetic test within 60 days of executing it (Ind. Code 16-37-2-2.1). After that window the affidavit establishes paternity.
File a paternity action if parents disagree
Generally within two years of birth days after startingIf parents do not agree, the mother, an alleged father, or the child support agency can file a paternity action under Ind. Code article 31-14, generally within two years of the child's birth (Ind. Code 31-14-5-3). The court can order genetic testing and enter orders on support and custody.
Keep records of the affidavit, testing, and orders
Ongoing days after startingSave copies of the paternity affidavit, any genetic-test results, and court papers, and calendar the two-year filing window (Ind. Code 31-14-5-3), the child's age-20 window (Ind. Code 31-14-5-2), and the 60-day genetic-test window so you do not miss a right-forfeiting date.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Confirm whether a marital presumption applies | Determine whether the mother was married when the child was born or within 300 days before the birth, which triggers Indiana's presumption that her husband is the father (Ind. Code 31-14-7-1). If it applies, a paternity affidavit may not be the right path and a court action may be needed. | - | Before signing or filing anything |
| Get genetic testing if biological parentage is uncertain | Because a paternity affidavit carries the duties of parentage, obtain genetic testing first if there is any doubt. Under Ind. Code 31-14-7-1, a result of at least a 99 percent probability that the man is the father creates a presumption of paternity. | - | Before signing an affidavit |
| Execute the paternity affidavit | Unmarried parents who agree sign a paternity affidavit on the state-department form (Ind. Code 16-37-2-2.1). Keep a copy. Attorney review of your paternity matter is available through DocDraft. | - | At the hospital within 72 hours, or later at a local health department |
| Track the 60-day genetic-test window | If you need genetic testing after signing, a party to the affidavit may file a court action to request a genetic test within 60 days of executing it (Ind. Code 16-37-2-2.1). After that window the affidavit establishes paternity. | - | Within 60 days of signing |
| File a paternity action if parents disagree | If parents do not agree, the mother, an alleged father, or the child support agency can file a paternity action under Ind. Code article 31-14, generally within two years of the child's birth (Ind. Code 31-14-5-3). The court can order genetic testing and enter orders on support and custody. | - | Generally within two years of birth |
| Keep records of the affidavit, testing, and orders | Save copies of the paternity affidavit, any genetic-test results, and court papers, and calendar the two-year filing window (Ind. Code 31-14-5-3), the child's age-20 window (Ind. Code 31-14-5-2), and the 60-day genetic-test window so you do not miss a right-forfeiting date. | - | Ongoing |
Frequently Asked Questions
Establishing paternity in Indiana means legally identifying a child's father so the child can receive support, custody and parenting time, health coverage, inheritance, and benefits. It can be done by executing a paternity affidavit or through a court paternity action that determines the parent-child relationship (Ind. Code 16-37-2-2.1, article 31-14).
Unmarried parents who agree can sign a paternity affidavit on a state form, usually at the hospital within 72 hours of birth or later at a local health department (Ind. Code 16-37-2-2.1). If parents disagree, a court determines parentage in a paternity action under Ind. Code article 31-14, often after ordering genetic testing.
It is a form provided by the state department that unmarried parents sign to establish a legal father-child relationship without going to court (Ind. Code 16-37-2-2.1). It is completed at the hospital within 72 hours of birth or later through a local health department, and it carries the rights and duties of parentage.
A child may file a paternity petition at any time before reaching 20 years of age (Ind. Code 31-14-5-2). This is separate from the general rule that the mother, an alleged father, or the child support agency must file within two years of the child's birth unless an exception applies (Ind. Code 31-14-5-3).
Yes. The mother, an alleged father, or the child support agency generally must file a paternity action within two years of the child's birth (Ind. Code 31-14-5-3), subject to exceptions such as a written acknowledgment or furnished support. A child may file any time before turning 20 (Ind. Code 31-14-5-2).
Yes, within a limited window. A man who is a party to a signed paternity affidavit may file an action in a court with paternity jurisdiction to request an order for a genetic test within 60 days of the date the affidavit was executed (Ind. Code 16-37-2-2.1). After that, the affidavit stands.
The Indiana Department of Child Services, through its child support bureau, provides information on paternity affidavits and can help establish paternity and support (Ind. Code 16-37-2-2.1). When parentage is disputed, a court decides it in a paternity action and can order genetic testing (Ind. Code article 31-14).
Yes. Under Ind. Code 16-37-2-2.1, unless a court orders otherwise or the parents agree in the affidavit to share joint legal custody, the mother has sole legal custody and primary physical custody of the child after a paternity affidavit is executed. A father can ask a court to set custody and parenting time.
Other Indiana guides
Ready to Draft Your Document?
Get AI-powered legal documents with attorney review included. Plans start at $39.99/mo.