How to Establish Paternity in Kentucky
Reviewed by DocDraft Legal Team · Kentucky · Last updated 2026-09-12
In Kentucky, establishing paternity means legally identifying a child's father so the child gains rights to support, custody and visitation, health coverage, inheritance, and benefits. There are two main paths. Unmarried parents who agree can sign a Voluntary Acknowledgment of Paternity, the VS-8 Declaration of Paternity affidavit, before a notary; it accompanies the birth certificate to the Office of Vital Statistics, which adds the father's name, and a copy goes to the Division of Child Support Enforcement. When parents do not agree, a court decides parentage under the Kentucky Uniform Act on Paternity (KRS chapter 406). Kentucky's timing rule is load-bearing and long. A paternity action must be commenced within 18 years after the birth of the child (KRS 406.031). If the action is brought two or more years after birth, child support does not predate the filing (KRS 406.031). A child born during lawful wedlock, or within 10 months thereafter, is presumed to be the child of the husband and wife (KRS 406.011). Genetic testing showing a statistical probability of paternity of 99 percent or greater, with a paternity index of 100 to 1 or greater, creates a rebuttable presumption of paternity (KRS 406.111). Attorney review of your situation is available through DocDraft.
Find out where you stand in Kentucky
Where are you in establishing paternity?
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How is paternity established in Kentucky?
There are two routes. Unmarried parents who agree can sign the Voluntary Acknowledgment of Paternity, the VS-8 affidavit, before a notary, filed with the Office of Vital Statistics. If parents disagree, a court decides parentage under the Kentucky Uniform Act on Paternity (KRS chapter 406), often after ordering genetic testing.
How long do I have to establish paternity in Kentucky?
A paternity action must be commenced within 18 years after the birth of the child (KRS 406.031). If the action is brought two or more years after birth, child support does not predate the initiation of the action, so filing earlier protects support that can be ordered for past periods.
What is the marital presumption of paternity in Kentucky?
Under KRS 406.011, a child born during lawful wedlock, or within 10 months thereafter, is presumed to be the child of the husband and wife. A child born to a married woman by a man other than her husband is treated as born out of wedlock where evidence shows the marital relationship ended 10 months before the birth.
What genetic-testing result establishes paternity in Kentucky?
Under KRS 406.111, if genetic testing shows a statistical probability of paternity of 99 percent or greater and a paternity index of 100 to 1 or greater, there is a rebuttable presumption of paternity. That presumption is rebutted only by a preponderance of the evidence, and if unrebutted the court may enter summary judgment of paternity.
Kentucky paternity law at a glance
Kentucky lets unmarried parents establish paternity without court by signing the Voluntary Acknowledgment of Paternity, the VS-8 affidavit, before a notary. The form is filed with the Office of Vital Statistics, which adds the father's name to the birth certificate. When parentage is disputed, the Kentucky Uniform Act on Paternity governs (KRS chapter 406). A paternity action must be commenced within 18 years after the child's birth, but if brought two or more years after birth, child support does not predate the filing (KRS 406.031). A child born during lawful wedlock, or within 10 months thereafter, is presumed to be the child of the husband and wife (KRS 406.011). Genetic testing showing a statistical probability of paternity of 99 percent or greater, with a paternity index of 100 to 1 or greater, creates a rebuttable presumption of paternity rebutted only by a preponderance of the evidence (KRS 406.111).
Establishing Kentucky paternity for a child born to unmarried parents
Suppose a child is born in Kentucky to unmarried parents who agree on the father. At the hospital both sign the VS-8 Voluntary Acknowledgment of Paternity before a notary, filed with the Office of Vital Statistics. Either parent can still rescind within the federal 60-day window. If the parents disputed parentage, either could file a paternity action, which must be commenced within 18 years after the child's birth (KRS 406.031); because it would be filed more than two years after birth, child support would not predate the filing. The court could order genetic testing, where a probability of 99 percent or greater with a paternity index of 100 to 1 or greater creates a rebuttable presumption of paternity (KRS 406.111). Had the child been born during a marriage or within 10 months after it ended, the husband would be presumed the father (KRS 406.011). Attorney review is available through DocDraft.
Relevant Laws
KRS 406.031 (limitation of action)
Provides that a determination of paternity must be commenced within 18 years after the birth, miscarriage, or stillbirth of a child, and that if the action is taken two or more years from the date of birth, liability for child support does not predate the initiation of the action.
KRS 406.011 (presumption of paternity)
Provides that a child born during lawful wedlock, or within 10 months thereafter, is presumed to be the child of the husband and wife, and that a child born to a married woman by a man other than her husband is included as born out of wedlock where evidence shows the marital relationship ended 10 months before the birth.
KRS 406.111 (effect of genetic test results)
Provides that if the statistical probability of paternity equals or exceeds 99 percent and the paternity index is 100 to 1 or greater, there is a rebuttable presumption of paternity that may be rebutted only by a preponderance of the evidence, and if unrebutted the court may enter summary judgment of paternity.
Kentucky Cabinet for Health and Family Services, VS-8 Declaration of Paternity
The Cabinet for Health and Family Services issues the VS-8 Voluntary Acknowledgment of Paternity affidavit, filed with the Office of Vital Statistics to add the father to the birth certificate, with a copy forwarded to the Division of Child Support Enforcement.
Regional Variances
Kentucky paternity rules at a glance
Voluntary path and form
Unmarried parents establish paternity by signing the VS-8 Voluntary Acknowledgment of Paternity before a notary, filed with the Office of Vital Statistics so the father is added to the birth certificate.
Rescission window
Either parent may rescind a signed acknowledgment within the federal 60-day window; after that it can be challenged in court only for fraud, duress, or material mistake of fact.
Marital presumption
A child born during lawful wedlock, or within 10 months thereafter, is presumed to be the child of the husband and wife (KRS 406.011), a longer presumption window than many states use.
Deadline to establish
A paternity action must be commenced within 18 years after the child's birth (KRS 406.031); filing more than two years after birth limits the support that can be ordered for past periods.
Genetic-testing threshold
A statistical probability of paternity of 99 percent or greater, with a paternity index of 100 to 1 or greater, creates a rebuttable presumption of paternity (KRS 406.111).
Who administers it
The Cabinet for Health and Family Services administers paternity and support through the Office of Vital Statistics and the Division of Child Support Enforcement; disputed parentage is decided by a court under KRS chapter 406.
Suggested Compliance Checklist
Confirm whether a marital presumption applies
Before signing or filing anything days after startingDetermine whether the child was born during a marriage or within 10 months after it ended, which triggers Kentucky's presumption that the husband is the father (KRS 406.011). If it applies, a voluntary acknowledgment may not be the right path and a court action may be needed.
Get genetic testing if biological parentage is uncertain
Before signing an acknowledgment days after startingBecause the acknowledgment establishes paternity, obtain genetic testing first if there is any doubt. Under KRS 406.111, a probability of 99 percent or greater with a paternity index of 100 to 1 or greater creates a rebuttable presumption of paternity.
Sign and file the VS-8 acknowledgment
At the hospital or a local health department days after startingUnmarried parents who agree sign the VS-8 Voluntary Acknowledgment of Paternity before a notary, filed with the Office of Vital Statistics. Keep a copy. Attorney review of your paternity matter is available through DocDraft.
Track the federal 60-day rescission window
Within 60 days of the last signature days after startingIf you need to cancel a signed acknowledgment, rescind it within 60 days of the last signature. After that, it can be challenged in court only for fraud, duress, or material mistake of fact, so act promptly if you have doubts.
File a paternity action if parents disagree
Within 18 years of the child's birth days after startingIf parents do not agree, file a paternity action under KRS chapter 406, which must be commenced within 18 years after the child's birth (KRS 406.031). File early, because bringing it two or more years after birth limits back child support. The court can order genetic testing.
Keep records of the acknowledgment, testing, and orders
Ongoing days after startingSave copies of the acknowledgment, any genetic-test results, and court papers, and calendar the 18-year limit (KRS 406.031) and the federal 60-day rescission window so you do not miss a right-forfeiting date or lose back support.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Confirm whether a marital presumption applies | Determine whether the child was born during a marriage or within 10 months after it ended, which triggers Kentucky's presumption that the husband is the father (KRS 406.011). If it applies, a voluntary acknowledgment 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 the acknowledgment establishes paternity, obtain genetic testing first if there is any doubt. Under KRS 406.111, a probability of 99 percent or greater with a paternity index of 100 to 1 or greater creates a rebuttable presumption of paternity. | - | Before signing an acknowledgment |
| Sign and file the VS-8 acknowledgment | Unmarried parents who agree sign the VS-8 Voluntary Acknowledgment of Paternity before a notary, filed with the Office of Vital Statistics. Keep a copy. Attorney review of your paternity matter is available through DocDraft. | - | At the hospital or a local health department |
| Track the federal 60-day rescission window | If you need to cancel a signed acknowledgment, rescind it within 60 days of the last signature. After that, it can be challenged in court only for fraud, duress, or material mistake of fact, so act promptly if you have doubts. | - | Within 60 days of the last signature |
| File a paternity action if parents disagree | If parents do not agree, file a paternity action under KRS chapter 406, which must be commenced within 18 years after the child's birth (KRS 406.031). File early, because bringing it two or more years after birth limits back child support. The court can order genetic testing. | - | Within 18 years of the child's birth |
| Keep records of the acknowledgment, testing, and orders | Save copies of the acknowledgment, any genetic-test results, and court papers, and calendar the 18-year limit (KRS 406.031) and the federal 60-day rescission window so you do not miss a right-forfeiting date or lose back support. | - | Ongoing |
Frequently Asked Questions
Establishing paternity in Kentucky means legally identifying a child's father so the child can receive support, custody and visitation, health coverage, inheritance, and benefits. It can be done by signing a Voluntary Acknowledgment of Paternity or through a paternity action under the Kentucky Uniform Act on Paternity (KRS chapter 406).
Unmarried parents who agree can sign the VS-8 Voluntary Acknowledgment of Paternity before a notary, filed with the Office of Vital Statistics so the father is added to the birth certificate. If parents disagree, a court determines parentage under KRS chapter 406, often after ordering genetic testing (KRS 406.111).
It is the VS-8 Declaration of Paternity affidavit that unmarried parents sign before a notary to establish a legal father-child relationship without court. It accompanies the birth certificate to the Office of Vital Statistics, which adds the father's name, and a copy goes to the Division of Child Support Enforcement.
Yes. A paternity action must be commenced within 18 years after the birth of the child (KRS 406.031). This is one of the longer windows among the states, but filing more than two years after birth limits the child support a court can order for past periods (KRS 406.031).
Under KRS 406.111, a statistical probability of paternity of 99 percent or greater, with a paternity index of 100 to 1 or greater, creates a rebuttable presumption of paternity. That presumption is rebutted only by a preponderance of the evidence, and if unrebutted a court may enter summary judgment of paternity.
Yes, within a limited window. Either parent may rescind a signed Voluntary Acknowledgment of Paternity within 60 days of the last signature. After that, it can be challenged in court only for fraud, duress, or material mistake of fact, so a later doubt about parentage may not be enough to undo it.
Yes. A paternity action can be brought within 18 years of the child's birth, but if it is initiated two or more years after birth, child support does not predate the initiation of the action (KRS 406.031). Filing earlier preserves support that a court can order for earlier periods.
The Kentucky Cabinet for Health and Family Services administers paternity and child support. The VS-8 acknowledgment is filed with the Office of Vital Statistics, and the Division of Child Support Enforcement can help establish support. Disputed parentage is decided by a court under KRS chapter 406, which may order genetic testing.
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