Legal Paternity and The Differences Between Bio Dads and Social Dads
When a woman gives birth, it's obvious she's the baby's mother, but it sometimes needs to be clarified whether or not a man is the father. DNA testing provides an easy and precise way of determining a man's paternity. However, not all dads are biological fathers. And a biological relationship doesn't always mean that the father and child have a strong personal relationship.
Legal Paternity Before DNA Testing
About 1 in 10 mothers aren't sure who their child's father is, according to a poll in the United Kingdom in 2021. And a study from 2005 showed that an estimated 4% of American dads were raising children that aren't biologically theirs.
Before the development of DNA testing in the 1980s, determining paternity was based on social factors rather than biological ones. If the mother was married when she gave birth, then by law, the husband was presumed to be the father. The father's actions determined legal paternity in cases where the parents were not married; He paid for the midwife, lived with the mother, publicly cared for the child, etc.
Legal Paternity Today
DNA testing became well-recognized in the 1990s and continues to grow in popularity today. The wide use of paternal DNA testing makes sense, considering that in the U.S. in 2021, the rate of babies born to unmarried mothers was 37.8 out of every 1,000 unmarried women. And even if they're not in a relationship with the mother, many biological dads decide they want legal parental rights.
Paternal DNA testing helps determine the child's biological dad, which is crucial for a child to know their background. However, biological paternity doesn't automatically mean legal paternity for unmarried parents. A biological dad must establish paternity to become the child's legal father and obtain the rights of visitation or custody. But not all biological dads want to play a part in the child's life.
What is the Difference Between Biological and Legal Parenthood?
The biological father is the man who contributed to the child's genes. A man who is legally recognized as the child's father and granted rights and responsibilities of parenthood by a court might not be their biological father.
What is a Social Dad?
A social dad is a man either married to the mother or living with her, caring for the child, but is not the biological father. An adoptive dad is one of the most recognizable examples of a social dad.
Many questions arise about fatherhood and the complex legal matters involving surrogacy, artificial insemination, questioned fatherhood, and adoption. But a man can still become a child's social dad in these situations and form a lasting relationship with the child.
Biological Dads vs. Social Dads
Biological dads helped make the child, who has some of his DNA. However, a biological dad isn't always involved in the child's life and might not even know the child exists. Some biological dads use a legal paternity DNA test to prove paternity and want to become the child's legal father.
Although DNA testing is widely available and accurate, many non-biological dads are raising children. Whether the situation involves a sperm donor, adoption, or same-sex marriage, these social dads are the ones the child calls "dad."
Whether a biological or social dad, the man who establishes legal paternity obtains parental rights and responsibilities. The legal father develops an emotional bond with the child, helps out financially, and ensures the child's well-being during their lifelong relationship.
