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When one thinks about paternity laws in New York State. In essence what they are referring to is Paternity Establishment.  Many men suffer from lack of knowledge and fear of the unknown when it comes to establishing paternity.

For whatever the reason may be for not putting forth extensive effort into researching this topic. Many men seem to have a fear of knowing until their situation becomes toxic. Today, our goal is to help put you on the right path towards understanding how to Establish Paternity in New York State. Below are some of the most frequently asked questions that inform you on what you need to do to get started.

If I married, what do I need to do to Establish Paternity?

The answer to this question is nothing. According to NYS law. Any child born into to a marriage, the husband is automatically deemed the legal father of the child. Therefore, the husband/legal father does not have to pursue Establishing Paternity.

What happens if I am not married and I have a child and want to Establish paternity?

A child born to an unmarried couple will have to Establish Paternity. There are a couple ways Paternity Establishment can take place.

  1. An alleged father can Establish paternity at the hospital when the child born by completing the hospital’s Acknowledgment of Paternity Form.
  2. If an alleged father was not present at the hospital and he believes he is the biological father of the child. He may go to courts and file an order of filiation. An order of Filiation is a court order that names a man as the father of a child.
  3. Last, Paternity Establishment can be established through Child Support and Local Birth Registrars.

Is it mandatory for me to sign an Acknowledgement of Paternity form?

No. Signing an AOP form is voluntary.

What if the mother is married and gives birth to another man’s child that is not her husband’s?

According to New York State law as stated earlier. Any child born into a marriage is the responsibility of the husband whether he is biologically related to the child or not.

Do the mother and father have to sign the Acknowledgment of Paternity form?

Yes. The AOP form will not be valid with only one parent’s signature. This means if the father completes the Acknowledgment of Paternity form and the mother does not sign. The alleged father will have no rights to the child.

The alleged father will have to file for an order of filiation with the courts and request genetic testing be performed with the Judge.

Can I sign an AOP for surrogate births?

An unmarried surrogate mother can sign an Acknowledgment of Paternity with the husband of a married couple when the husband is the sperm donor. The surrogate mother must not be married at any time during the pregnancy or at the time of birth. Adoption proceedings will follow the signing of the AOP form.

Can minors who become parent complete an Acknowledgement of Paternity?

Yes. Minors who become parents can establish Paternity.

If you are an alleged father or you know an alleged father that may be contemplating establishing paternity. Please contact a reputable Family Law Attorney to help consult you correctly through this process.


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