What is the statute of limitations for challenging paternity?

In West Virginia, the statute of limitations for challenging paternity typically begins when the child turns 18 years old. However, the law does provide an exception to this rule if the person wishing to challenge paternity was unaware of the child’s existence within the time frame of the statute of limitations. Those seeking to challenge paternity must initiate legal action either through a family court judge or an administrative review board before the child’s 18th birthday. If the challenge is successful, the court may order the child’s birth certificate be amended to reflect the change. It is important to note that the statute of limitations does not apply in cases involving adoption or surrogacy, since the child is born to an unrelated party. In cases involving adoption or surrogacy, the court or administrative review board can make a paternity determination without a statute of limitations. If a potential parent wishes to challenge paternity against another potential parent, the two can submit to genetic testing. The results of the test will be evaluated by the court or administrative review board and a paternity determination will be made. If the potential parent is found to be the biological parent, the court or administrative review board will issue an order confirming the relationship. Ultimately, the statute of limitations for challenging paternity in West Virginia does not apply in every situation, and the options for doing so vary depending on the circumstances. It is important to consult with an attorney to ensure the proper procedures are followed.

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What is the statute of limitations for challenging paternity?

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