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How to Establish Paternity in South Carolina

Reviewed by DocDraft Legal Team · South Carolina · Last updated 2026-09-12

In South Carolina, 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 Paternity Acknowledgment Affidavit under S.C. Code Ann. 63-17-50; once verified and executed after January 1, 1998, it creates a conclusive presumption of paternity (S.C. Code Ann. 63-17-60(A)(4)). Either parent generally has 60 days to rescind it, and after that federal window it can be challenged only for fraud, duress, or a material mistake of fact (42 U.S.C. 666(a)(5)). When parents do not agree, the family court decides paternity and can order genetic testing. Two South Carolina features are load-bearing. First, the statute sets no fixed deadline to bring a paternity action; S.C. Code Ann. 63-17-10 lists who may file, and courts have allowed actions to proceed even after the child reaches adulthood. Second, the genetic-testing bar is comparatively low: results showing a statistical probability of paternity of 95 percent or higher create a rebuttable presumption of paternity (S.C. Code Ann. 63-17-60(A)(3)). A child born during a marriage is presumed the husband's under long-standing common law, a presumption that can be rebutted, most often through genetic testing. Attorney review of your situation is available through DocDraft.

Find out where you stand in South Carolina

Where are you in establishing paternity?

DocDraft provides document preparation, not legal advice.

How do I establish paternity in South Carolina?

There are two routes. Unmarried parents who agree can sign a Paternity Acknowledgment Affidavit under S.C. Code Ann. 63-17-50, which can be completed at the hospital or a health department. If parents disagree, the family court decides paternity and can order genetic testing under S.C. Code Ann. 63-17-30.

How long do I have to establish paternity in South Carolina?

South Carolina law sets no fixed statute of limitations for a paternity action. S.C. Code Ann. 63-17-10 lists who may bring the action, and courts have allowed cases to proceed even after the child reaches adulthood. A signed acknowledgment, however, can be rescinded only within 60 days.

What is the marital presumption of paternity in South Carolina?

Under long-standing South Carolina common law, a child born during a marriage is presumed to be the husband's child. That presumption is strong but rebuttable, most often through genetic testing, which the family court can order under S.C. Code Ann. 63-17-30 on its own motion or a party's request.

What genetic-testing result establishes paternity in South Carolina?

Under S.C. Code Ann. 63-17-60(A)(3), genetic test results showing a statistical probability of paternity of 95 percent or higher create a rebuttable presumption of the putative father's paternity. That is a lower threshold than the 99 percent used in many other states.

South Carolina paternity law at a glance

South Carolina lets unmarried parents establish paternity without court by signing a Paternity Acknowledgment Affidavit under S.C. Code Ann. 63-17-50; a verified acknowledgment executed after January 1, 1998 creates a conclusive presumption of paternity (S.C. Code Ann. 63-17-60(A)(4)). Either parent generally has 60 days to rescind. Two features stand out. The statute sets no fixed deadline to bring a paternity action; S.C. Code Ann. 63-17-10 lists who may file, and actions have proceeded even after the child becomes an adult. And the genetic-testing bar is lower than many states: a 95 percent statistical probability creates a rebuttable presumption of paternity (S.C. Code Ann. 63-17-60(A)(3)). A child born during a marriage is presumed the husband's under common law, rebuttable most often by genetic testing the court can order under S.C. Code Ann. 63-17-30.

Establishing South Carolina paternity for a child born to unmarried parents

Picture a child born in South Carolina to unmarried parents who agree on the father. At the hospital both sign a Paternity Acknowledgment Affidavit under S.C. Code Ann. 63-17-50; because it is verified and executed after January 1, 1998, it creates a conclusive presumption of paternity (S.C. Code Ann. 63-17-60(A)(4)). If a parent reconsiders, either may rescind within 60 days (42 U.S.C. 666(a)(5)); after that it can be undone only for fraud, duress, or a material mistake. Had the parents disputed paternity, either could ask the family court to order genetic testing under S.C. Code Ann. 63-17-30, where a 95 percent statistical probability creates a rebuttable presumption (S.C. Code Ann. 63-17-60(A)(3)). Because the statute sets no fixed deadline (S.C. Code Ann. 63-17-10), such an action could be brought even years later, though acting promptly protects the child's support and inheritance rights. Attorney review is available through DocDraft.

Relevant Laws

S.C. Code Ann. 63-17-10 (who may bring a paternity action)

Lists who may bring an action to establish paternity, including the child, the natural mother, a person with custody, an authorized agency, or a person claiming to be the father; the statute sets no fixed limitation period for the action.

S.C. Code Ann. 63-17-30 (court-ordered genetic testing)

Allows the family court, on its own motion or at the request of an interested party, to order the mother, alleged father, and child to submit to genetic testing in a paternity proceeding.

S.C. Code Ann. 63-17-50 (Paternity Acknowledgment Affidavit)

Governs the verified voluntary acknowledgment of paternity, providing that a properly executed affidavit has the legal effect of establishing paternity and setting out how it is witnessed and signed.

S.C. Code Ann. 63-17-60(A)(3) (95 percent genetic-testing presumption)

Provides that genetic test results showing a statistical probability of paternity of 95 percent or higher create a rebuttable presumption of the putative father's paternity.

S.C. Code Ann. 63-17-60(A)(4) (conclusive presumption from a verified acknowledgment)

Provides that a verified voluntary acknowledgment of paternity executed after January 1, 1998 creates a conclusive presumption of the putative father's paternity, subject to the rescission and challenge rules of Section 63-17-50.

42 U.S.C. 666(a)(5) (federal 60-day rescission of an acknowledgment)

Federal law requires states to give a signer at least 60 days to rescind a voluntary acknowledgment of paternity, after which it may be challenged only on the basis of fraud, duress, or material mistake of fact.

Regional Variances

South Carolina paternity rules at a glance

Voluntary path and form

Unmarried parents establish paternity by signing a Paternity Acknowledgment Affidavit under S.C. Code Ann. 63-17-50, often at the hospital or a county health department; a verified affidavit executed after January 1, 1998 creates a conclusive presumption.

Rescission window

Either parent generally may rescind a signed acknowledgment within 60 days under federal law (42 U.S.C. 666(a)(5)); after that it can be challenged only for fraud, duress, or material mistake.

Marital presumption

A child born during a marriage is presumed the husband's under South Carolina common law, a presumption rebuttable most often through court-ordered genetic testing (S.C. Code Ann. 63-17-30).

Deadline to establish

The statute sets no fixed limitation period; S.C. Code Ann. 63-17-10 lists who may file, and actions have proceeded even after the child reaches adulthood.

Genetic-testing threshold

Genetic test results showing a 95 percent or higher statistical probability create a rebuttable presumption of paternity (S.C. Code Ann. 63-17-60(A)(3)), a lower bar than in many states.

Who administers it

The Department of Social Services Child Support Services helps establish paternity and support; contested cases are decided by the family court.

Suggested Compliance Checklist

Confirm whether the child was born during a marriage

Before signing or filing anything days after starting

Determine whether the mother was married when the child was born, which triggers South Carolina's common-law presumption that the husband is the father. That presumption can be rebutted, most often through genetic testing the court can order under S.C. Code Ann. 63-17-30.

Get genetic testing if biological parentage is uncertain

Before signing an affidavit days after starting

Because a verified acknowledgment can create a conclusive presumption, obtain genetic testing first if there is any doubt. Under S.C. Code Ann. 63-17-60(A)(3), results of a 95 percent or higher statistical probability create a rebuttable presumption of paternity.

Sign the Paternity Acknowledgment Affidavit

At the hospital or a health department days after starting

Unmarried parents who agree sign a Paternity Acknowledgment Affidavit under S.C. Code Ann. 63-17-50. A verified affidavit executed after January 1, 1998 creates a conclusive presumption of paternity. Keep a copy. Attorney review of your paternity matter is available through DocDraft.

Track the 60-day rescission window

Within 60 days of signing days after starting

If you need to cancel a signed affidavit, rescind it within 60 days under federal law (42 U.S.C. 666(a)(5)). After that it can be challenged only for fraud, duress, or a material mistake of fact.

File a family court action if parents disagree

Any time a dispute arises days after starting

If parents do not agree, a person listed in S.C. Code Ann. 63-17-10 can file a paternity action in the family court, which can order genetic testing under S.C. Code Ann. 63-17-30. There is no fixed deadline, but acting promptly protects the child's rights.

Keep records of the affidavit, testing, and orders

Ongoing days after starting

Save copies of the signed affidavit, any genetic-test results, and court papers, and calendar the 60-day rescission window (42 U.S.C. 666(a)(5)) so you do not miss the one hard deadline in the process.

Frequently Asked Questions

Establishing paternity in South Carolina 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 Paternity Acknowledgment Affidavit (S.C. Code Ann. 63-17-50) or through a family court action that determines the parent-child relationship.

Unmarried parents who agree can sign a Paternity Acknowledgment Affidavit under S.C. Code Ann. 63-17-50, which a verified acknowledgment can make conclusive. If parents disagree, the persons listed in S.C. Code Ann. 63-17-10 can file in family court, which can order genetic testing under S.C. Code Ann. 63-17-30.

It is a sworn form unmarried parents sign to establish a legal father-child relationship without going to court. Under S.C. Code Ann. 63-17-50 and 63-17-60(A)(4), a verified affidavit executed after January 1, 1998 creates a conclusive presumption of paternity, and the person signing must be given a chance to seek legal advice first.

A child born during a marriage is presumed to be the husband's under South Carolina common law. That presumption is strong but rebuttable, most often through genetic testing. The family court can order testing on its own motion or at a party's request under S.C. Code Ann. 63-17-30 before deciding parentage.

South Carolina law sets no fixed statute of limitations for a paternity action. S.C. Code Ann. 63-17-10 lists who may file, and courts have allowed actions even after the child becomes an adult. The main hard deadline is the 60-day window to rescind a signed acknowledgment (42 U.S.C. 666(a)(5)).

Yes, within a limited window. Either parent generally may rescind a signed Paternity Acknowledgment Affidavit within 60 days under federal law (42 U.S.C. 666(a)(5)). After 60 days it can be challenged only on the grounds of fraud, duress, or a material mistake of fact, and a later genetic test alone may not be enough.

Under S.C. Code Ann. 63-17-60(A)(3), genetic test results showing a statistical probability of paternity of 95 percent or higher create a rebuttable presumption of the putative father's paternity. This is a lower threshold than the 99 percent used in many states, though the presumption can still be contested.

The South Carolina Department of Social Services Child Support Services helps parents complete acknowledgments and can open a case to establish paternity and support, including facilitating genetic testing. When parentage is contested, the family court decides it and can order genetic testing under S.C. Code Ann. 63-17-30.

Other South Carolina guides

Asset Protection Planning in South Carolina (2026)

Dealing With Debt Collectors in South Carolina (2026)

Expunging a Criminal Record in South Carolina (2026)

Filing Chapter 7 Bankruptcy in South Carolina (2026)

Firing an Employee in South Carolina (2026)

How to Appeal an Unemployment Denial in South Carolina

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