Kansas Paternity Law
In Kansas, even though a mother and father may readily admit the identity of the father, if the child was born out of wedlock there may be no legal determination of paternity. This can affect several issues including child support and parenting time. If the father is the presumed father according to K.S.A. 38-1114 and it is in the best interests of the child to have a relationship with this person, the Court may not even allow evidence to rebut the presumption, and can immediately make a finding of paternity.
In today's Court, it is relatively easy to determine parentage if genetic material can be collected from the child and alleged father. However, it may not be that easy to convince a Court to order a paternity test. Before issuing an order for testing, a Court needs to first determine whether it is in the best interest of the child to get a test from the alleged father. Sometimes, it will not be. There is no constitutional right for a father to establish his paternity of a child. If it is against the child's interest to do so, a Court will deny a father's request for genetic testing.
If a Petition is filed asking the Court to determine paternity of a minor child, the alleged father can either affirm or contest the contents of the petition. A private party or Kansas Social and Rehabilitation Services can file this petition. If paternity is contested, the father may request a DNA test, but if the test determines that he is the father, he will be solely responsible for the costs associated with the test.
A paternity action can have dire financial consequences for an alleged father. Often included in the petition will be a prayer for relief in the form of a current child support order and a judgment for back child support and medical expenses. It is not uncommon for these judgments to be tens of thousands of dollars.
You can read the parentage act that has been codified by chapter 38 of the K.S.A below. I have also included a link to the laboratory that my firm uses in cases that require genetic testing, and a link to helpful information regarding birth certificates from the Kansas Department of Health and Environment.
K.S.A. Chapter 38, Article 11 (Kansas Determination of Parentage Statutes)