Paternity Establishment: Child Support and Beyond (CRS Report for Congress)
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| Release Date |
June 24, 2002 |
| Report Number |
RL31467 |
| Report Type |
Report |
| Authors |
Carmen Solomon-Fears, Domestic Social Policy Division |
| Source Agency |
Congressional Research Service |
Summary:
The public policy interest in paternity establishment is based in part on the dramatic increase in
nonmarital births. The poorest demographic group in the United States consists of children in single-
parent families. In 2000, 33.1% of all U.S. births were to unmarried women, compared to 3.9% in
1950. Moreover, in FY2000, 51.9% of the children in the Child Support Enforcement (CSE)
caseload (which includes Temporary Assistance to Needy Families (TANF) and certain other welfare
families and non-welfare families who apply for CSE services) were born outside of marriage. The
percentage of CSE children who were born outside of marriage varied by state, ranging from 7.8%
in Kansas (4% in Puerto Rico) to 79.8% in Delaware.
The main goals of the CSE program are to reduce spending on actual and potential recipients
of public welfare by obtaining ongoing support from noncustodial parents; and to establish paternity
for children born outside of marriage so that child support can be obtained. Most experts now agree
that use of highly reliable DNA tests greatly increases the likelihood of correct identification of
putative fathers. DNA tests can be used either to exclude unlikely fathers or to establish a high
likelihood that a given man is the father.
With more paternities being established each year than children being born outside of marriage,
progress is being made in reducing the number of children who do not have legally established
fathers. Nonetheless, Office of Child Support Enforcement (OCSE) data indicate that in FY2000,
paternity had been established or acknowledged for only about 65% of the 10.1 million children on
the CSE caseload who were born outside of marriage. Some proposals or programs that may
increase the numbers of paternities established include: voluntary acknowledgment of paternity
especially via hospital-based programs (which increased 781%, from 78,129 in FY1994 to 688,510
in FY2000); a renewed emphasis on older children perhaps through media campaigns; continued
outreach to fathers acknowledging their importance to their children; and more cooperation between
parents and the CSE agencies. Although many paternity concerns are intermingled with the
effectiveness of the CSE program, some are beyond the scope of the CSE program.
This report provides background information on paternity establishment, gives a detailed
analysis of the paternity establishment process, describes federal CSE and TANF provisions related
to paternity establishment, discusses some policy options to increase the numbers of paternities
established, and examines some of the issues related to the establishment of paternity. Specifically,
this report examines how genetic testing developments have added to the complexity of determining
what is in the best interest of the child and presented challenges to the historical precept of presumed
fatherhood in the case of married couples. In addition, Appendix A provides a legislative history of
provisions related to paternity establishment. This report does not attempt to tackle any of the legal
issues concerning parentage that arise from the new reproductive technologies, such as the legal
standing of sperm donors, egg donors, or surrogate mothers. This report will not be updated.
