According to state law of New York, a child born to any unmarried parents doesn’t have a legal father. Regardless, the child, father or mother can establish paternity and even rescind it in various ways.
Acknowledgment of Paternity NYC
Paternity court proceedings
This can be filed by an alleged mother, child, child support division, or father. The child, father, and mother can be ordered to undergo blood or DNA testing. If the results are positive the father pays for it, otherwise, the mother pays. The parties may come to an agreement on payment arrangement as well.
Birth certificate: the father’s name will have to be reflected on the birth certificate of the child if he acknowledges paternity or the court may make a ruling for the certificate to be changed accordingly.
Child’s name: the mother often establishes a child’s name upon birth. Both parents can choose the child’s name if they acknowledge paternity by completing the paternity form.
Marital status: a child born to a married woman is always presumed to be the child of the husband. However, a lot of paternity actions tend to involve of children born outside the wedlock. The court may order blood and DNA testing.
Custody: the court can award the father or the mother custody of the child by considering an array of presented facts.
Voluntary acknowledging paternity
You can decide to acknowledge the paternity with presence or absence of blood or DNA testing. This process is usually irreversible in New York, as it is in most states. The voluntary acknowledgment of paternity form (AOP) can be filled with either party; the child, father or the mother. How to get a copy of the acknowledgment of paternity depends on the age of the child. A child, for instance, is allowed to apply for AOP when s/he turns 21 years in case it was not filled at birth.
How to rescind an acknowledgment of paternity in New York
You can challenge paternity by;
Starting a Paternity Court Proceeding in which you provide evidence supporting your decision.
Revoking the voluntary acknowledgment (with exceptional reasons and rules)