Why Every New Dad Should Demand a DNA Test Before Acknowledging Paternity

🚨 DON’T SIGN THAT PATERNITY FORM YET! 🚨

Imagine this: you just welcomed a baby into the world. Emotions are high, you’re in love, you’re committed—and the hospital hands you a form called a Voluntary Acknowledgment of Parentage (VAP). You sign it, thinking it’s the right thing to do.

Fast forward two years: the relationship ends, the child doesn’t look like you, and a gut feeling won’t leave you alone. You finally get a DNA test: “You are NOT the father.”

But it’s too late.

Legally, you’re still dad and on the hook for child support, healthcare, and all the obligations that come with being a legal parent.

This isn’t fiction. This happened.

A woman informed a man that she was pregnant and that he was the father. Although he stepped up and supported her during the pregnancy, it became apparent to them after the baby was born that the man was not actually the father. With that, the man seemed to have fallen out of the picture while Mom tried to find the real father. After she found him, which was confirmed through DNA evidence, the Mom looked to the Court to legally have the biological father be named the legal father. The Judge in Family Court released the non-father from his legal responsibilities and held that the biological father is also the legal father.

The biological father appealed claiming that, because the other man had signed the Voluntary Acknowledgment of Paternity (VAP) and hadn’t tried to vacate the VAP within the 60-day deadline in most situations (which increases to one year in some), the Judge was wrong to release him from his legal responsibilities.

The Massachusetts Supreme Judicial Court (SJC) agreed with the biological father. Here’s what the court said:

“The father’s failure to obtain a DNA test before signing the voluntary acknowledgment of parentage did not constitute a material mistake of fact…”

Translation? Not getting a DNA test before signing the VAP is YOUR problem. If you sign it and you’re wrong, the law won’t save you.

🔥 What You Need to Know

1. Signing a VAP = You’re the Legal Father

The moment you sign that VAP, you’re not just saying, “I’ll be involved.” You’re saying, “I am legally responsible for this child, no matter what biology says later.”

2. You Cannot “Undo” It Easily

Even if DNA proves otherwise, once that VAP is signed, you only have 60 days to challenge it. After that, you’re likely locked in unless you can prove fraud or duress, which is incredibly difficult, especially if you don’t realize you were given incorrect information after the baby’s first birthday.

3. The Law Is Focused on Stability, Not Science

Courts prioritize the child’s need for consistent support and parental involvement. Once you’ve held yourself out as “Dad,” you’re it – DNA be damned.

4. There May Be Some Exceptions

If you’ve been in Family Court at all, you’ve likely heard the golden standard of “Best Interests of the Child.” The SJC didn’t mention this standard at all, so it’s unclear whether this argument just wasn’t made and, whether it had been, it could have made a difference (even though it’s unlikely it would have, based on how they wrote the decision).

This also specifically refers to non-married parents. There may be some exceptions for married parents, although based on the language, it’s unlikely.

If the true bio father had a relationship with the child (in this case, they didn’t), it could potentially change things.

If all parties are on the same page and no one is contesting the change, that might change things as well.

💡 Our Advice? Get Tested Before You Sign. No Shame, Just Certainty.

This isn’t about trust. It’s about truth and protection. Before you sign a VAP:
✅ Get a DNA test.
✅ Confirm paternity before committing for life.
✅ Speak to a lawyer if you’re unsure.

If you’re even slightly unsure, don’t sign anything in the hospital haze of new baby bliss. There is nothing cold-hearted about making sure you are the biological father before assuming 18+ years of legal responsibility. Not only for you, but for the child. In the case that was decided, it’s unclear whether the child could potentially obtain their biological paternal family’s medical history to help them know what medical risks they might need to look out for.

If you have questions about paternity or family law, please reach out to our firm today. We can help you make the best decisions for yourself and your family.