§ 4343. Paternity.
(a) Determination.--Where the paternity of a child born out of wedlock is disputed, the determination
of paternity shall be made by the court in a civil action without a jury. A putative
father may not be prohibited from initiating a civil action to establish paternity.
The burden of proof shall be by a preponderance of the evidence. Bills for pregnancy,
childbirth, postnatal care related to the pregnancy and genetic testing are admissible
as evidence without requiring third-party foundation testimony and shall constitute
prima facie evidence of amounts incurred for such services or for testing on behalf
of the child. If there is clear and convincing evidence of paternity on the basis
of genetic tests or other evidence, the court shall upon motion of a party issue a
temporary order of support pending the judicial resolution of a dispute regarding
paternity. The Supreme Court shall provide by general rule for entry of a default
order establishing paternity upon a showing of service of process on the defendant
and a subsequent failure to appear for scheduled genetic testing.
(b) Limitation of actions.--
(1) An action or proceeding under this chapter to establish the paternity of a child born
out of wedlock must be commenced within 18 years of the date of birth of the child.
(2) As of August 16, 1984, the requirement of paragraph (b)(1) shall also apply to any
child for whom paternity has not yet been established and any child for whom a paternity
action was brought but dismissed because of a prior statute of limitations of less
than 18 years.
(c) Genetic tests.--
(1) Upon the request of any party to an action to establish paternity, supported by a
sworn statement from the party, the court or domestic relations section shall require
the child and the parties to submit to genetic tests. The domestic relations section
shall obtain an additional genetic test upon the request and advance payment by any
party who contests the initial test.
(2) Genetic test results indicating a 99% or greater probability that the alleged father
is the father of the child shall create a presumption of paternity which may be rebutted
only by clear and convincing evidence that the results of the genetic tests are not
reliable in that particular case.
(3) To ensure the integrity of the specimen and that the proper chain of custody has been
maintained, the genetic tests of the biological mother, the child or children in question
and the alleged father should be conducted by an established genetic-testing laboratory
in the course of its regularly conducted business activity, and certified records
should be issued. The certified records shall be admissible into evidence without
further foundation, authentication or proof of accuracy if no objection is made within
ten days prior to trial. The laboratory must be certified by either the American Association
of Blood Banks or the American Association for Histocompatibility and Immunogenetics.
(4) If the court or domestic relations section orders genetic testing, the domestic relations
section shall pay the cost of the test, subject to recoupment from the alleged father
if paternity is established.
(5) A determination of paternity made by another state, whether through judicial proceedings,
administrative proceedings or by acknowledgment of paternity, shall be given full
faith and credit in the courts of this Commonwealth.
(6) A determination of nonpaternity made by another state with respect to a public assistance
recipient shall not be binding upon the Department of Public Welfare unless the defendant
shows that the department had actual notice of the proceedings, including the date
and time of any trial, and a fair opportunity to participate in all material proceedings
through counsel of its own choice.
(Dec. 20, 1989, P.L.654, No.81, eff. imd.; Dec. 16, 1994, P.L.1286, No.150, eff. imd.;
Dec. 16, 1997, P.L.549, No.58, eff. Jan. 1, 1998)
1997 Amendment. Act 58 amended subsecs. (a) and (c)(1), (4) and (6). Act 58 of 1997 was suspended
by Pennsylvania Rule of Civil Procedure No. 1910.50(3), as amended May 31, 2000, insofar
as it is inconsistent with Rule No. 1910.20 relating to the availability of remedies
for collection of past due and overdue support.
1994 Amendment. Act 150 amended subsec. (c). Section 5 of Act 150 provided that the amendment of section
4343 shall apply to all actions pending on the effective date of Act 150.
References in Text. The Department of Public Welfare, referred to in this section, was redesignated as
the Department of Human Services by Act 132 of 2014.
Cross References. Section 4343 is referred to in section 4305 of this title.
Notes of Decisions
Cited in
52
cases (
5 in the last 5 years), 1986–2025 · leading case:
Brinkley v. King, 701 A.2d 176 (Pa. 1997).
Brinkley v. King, 701 A.2d 176 (Pa. 1997).
· cites it 5× “The paternity of a child born out of wedlock is addressed by 23 Pa.C.S. § 4343, which permits a court to compel genetic testing [14] of any relevant party.”
Mastromatteo v. Harkins, 615 A.2d 390 (Pa. Super. Ct. 1992).
· cites it 10× “This statute, on its face, requires that a court order the child and the parties in a paternity action to submit to genetic testing if any party requests such testing.”
Clark v. Jeter, 486 U.S. 456 (1988).
· cites it 2× “Laws 270 , codified at 23 Pa. Cons. Stat. § 4343 (b) (1985). Pennsylvania thereby brought its law into compliance with a provision of the federal Child Support Enforcement Amendments of 1984 that requires all States participating in the federal child support program to have…”
In Re Adoption of S.A.J., 838 A.2d 616 (Pa. 2003).
· cites it 2× “23 Pa.C.S. § 4343(a), (c). [7] Although Appellant did not undertake actions of his own to establish paternity, because paternity is such an important question, we feel compelled to determine whether there is any other justification for his claim.”
Rossa v. Workers' Comp. Appeal Bd., 839 A.2d 256 (Pa. 2003).
· cites it 4× “See 23 Pa.C.S. § 4343 (in the context of support matters, providing that "paternity shall be made by the court in a civil action without a jury," empowering the trial court to order genetic testing in paternity cases, and setting forth the procedures for bringing such an action,…”
Rivera v. Minnich, 483 U.S. 574 (1987).
· cites it 2× “" 23 Pa. Cons. Stat. § 4343 (a) (1985). [2] "The person alleged to be father has a legitimate interest in not being declared the father of a child he had no hand in bringing into the world.”
Rossa v. Workers' Comp. Appeal Bd. (City of Philadelphia), 794 A.2d 919 (Pa. Commw. Ct. 2002).
· cites it 4× “" Employer notes that this statute confers jurisdiction to the common pleas court in a support context, also giving the court the power to order the parties to submit to genetic testing.”
Cable v. Anthou, 699 A.2d 722 (Pa. 1997).
· cites it 4× “The court ordered the parties to submit to blood testing pursuant to Section 4343 of the Domestic Relations Code, 23 Pa.C.S. § 4343, which governs genetic testing to determine paternity of children born out-of-wedlock.”
Wertz v. Chapman Twp., 709 A.2d 428 (Pa. Commw. Ct. 1998).
· cites it 2× “"); 23 Pa.C.S. § 4343 ("Where the paternity of a child born out of wedlock is disputed, the determination of paternity shall be made by *432 the court in a civil action without a jury unless either party demands a trial by jury.”
Reed v. Boozer, 693 A.2d 233 (Pa. Super. Ct. 1997).
· cites it 4× “In 1989, without reference to HLA testing or the Uniform Blood Test Act, the Legislature inserted subsection (e) in 23 Pa.C.S. § 4343, permitting genetic tests to be conducted upon the request of any party to an action to establish paternity.”
H.Z. v. M.B., 204 A.3d 419 (Pa. Super. Ct. 2019).
· cites it 3× “§ 5104, and 23 Pa.C.S. § 4343 after two court-ordered genetic tests excluded [M.”
Stahli v. Wittman, 603 A.2d 583 (Pa. Super. Ct. 1992).
· cites it 2× “2d 16, 25 (1985); 23 Pa.C.S. § 4343(a). The testimony relied upon by the claimant to prove paternity, in addition to her own, was elicited from Pauline Stahli, the child’s mother.”
— 23 Pa. Cons. Stat. § 4343(a) — 8 cases
In Re Adoption of S.A.J., 838 A.2d 616 (Pa. 2003).
“23 Pa.C.S. § 4343(a), (c). [7] Although Appellant did not undertake actions of his own to establish paternity, because paternity is such an important question, we feel compelled to determine whether there is any other justification for his claim.”
Stahli v. Wittman, 603 A.2d 583 (Pa. Super. Ct. 1992).
“2d 16, 25 (1985); 23 Pa.C.S. § 4343(a). The testimony relied upon by the claimant to prove paternity, in addition to her own, was elicited from Pauline Stahli, the child’s mother.”
— 23 Pa. Cons. Stat. § 4343(b) — 8 cases
— 23 Pa. Cons. Stat. § 4343(b)(1) — 1 case
— 23 Pa. Cons. Stat. § 4343(b)(2) — 4 cases
— 23 Pa. Cons. Stat. § 4343(b)(l) — 1 case
— 23 Pa. Cons. Stat. § 4343(c) — 4 cases
Brinkley v. King, 701 A.2d 176 (Pa. 1997).
“The paternity of a child born out of wedlock is addressed by 23 Pa.C.S. § 4343, which permits a court to compel genetic testing [14] of any relevant party.”
Cable v. Anthou, 699 A.2d 722 (Pa. 1997).
“The court ordered the parties to submit to blood testing pursuant to Section 4343 of the Domestic Relations Code, 23 Pa.C.S. § 4343, which governs genetic testing to determine paternity of children born out-of-wedlock.”
— 23 Pa. Cons. Stat. § 4343(c)(1) — 2 cases
Mastromatteo v. Harkins, 615 A.2d 390 (Pa. Super. Ct. 1992).
“This statute, on its face, requires that a court order the child and the parties in a paternity action to submit to genetic testing if any party requests such testing.”
— 23 Pa. Cons. Stat. § 4343(c)(2) — 4 cases
Stahli v. Wittman, 603 A.2d 583 (Pa. Super. Ct. 1992).
“2d 16, 25 (1985); 23 Pa.C.S. § 4343(a). The testimony relied upon by the claimant to prove paternity, in addition to her own, was elicited from Pauline Stahli, the child’s mother.”
Reed v. Boozer, 693 A.2d 233 (Pa. Super. Ct. 1997).
“In 1989, without reference to HLA testing or the Uniform Blood Test Act, the Legislature inserted subsection (e) in 23 Pa.C.S. § 4343, permitting genetic tests to be conducted upon the request of any party to an action to establish paternity.”
— 23 Pa. Cons. Stat. § 4343(c)(3) — 1 case
Reed v. Boozer, 693 A.2d 233 (Pa. Super. Ct. 1997).
“In 1989, without reference to HLA testing or the Uniform Blood Test Act, the Legislature inserted subsection (e) in 23 Pa.C.S. § 4343, permitting genetic tests to be conducted upon the request of any party to an action to establish paternity.”
— 23 Pa. Cons. Stat. § 4343(e)(2) — 1 case
Reed v. Boozer, 693 A.2d 233 (Pa. Super. Ct. 1997).
“In 1989, without reference to HLA testing or the Uniform Blood Test Act, the Legislature inserted subsection (e) in 23 Pa.C.S. § 4343, permitting genetic tests to be conducted upon the request of any party to an action to establish paternity.”
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