Is there a paternity testing law in NYS?
Currently, we are unaware of any specific paternity testing law in New York State. But there are specific guidelines that DNA testing services that operate within New York State must adhere to in order to perform a paternity test that will be recognized by NY Family Court Judges for Child Support, Immigration, Social Security, etc.
All paternity testing services that are performed in New York State must be performed by an AABB accredited DNA testing laboratory. In addition, before scheduling a paternity test appointment one of the following items must be obtained.
1. A court order from a judge.
2. A prescription referral from your NYS licensed Doctor
3. Or a letter requesting a paternity test be performed by NYS licensed Attorney.
Choosing one of the above-mentioned options is required otherwise we will not be able to initiate your case. If you would like to schedule a DNA paternity test appointment today. Please contact our office at 646-383-9778 to get started.
A Mother’s Consent:
Does a mother have to give consent to perform a DNA paternity test in NYC?
In most cases, the mother of a child is the primary legal guardian and therefore must give consent if the alleged father’s name is not on the birth certificate. If the alleged biological father’s name is on the birth certificate. The alleged father must have the birth certificate present at the time of their DNA sample collection to provide proof of legal guardianship.
Please note, it is always recommended that both the alleged father and mother are present when performing a paternity test. It helps increase the confidence of the mother that the paternity test was performed correctly.
Over the counter DNA paternity test:
Can an over-the-counter paternity test be purchased in New York State?
No. Unfortunately, NYS guidelines require all DNA relationship testing services to be performed as a legal test. A legal DNA test requires a chain of custody to be established, and an unbiased third-party DNA sample collector must collect the DNA samples of all the participants involved with your test. Therefore, an At-Home Paternity Test usage is not permissible in New York State.
Related Questions Associated With This Topic:
Do NYS Paternity Testing guidelines require results to be performed by an AABB Accredited lab?
Yes. All legal paternity tests must be performed by an AABB accredited DNA Testing Laboratory. In addition, the lab must be certified by New York State to perform DNA relationship testing services in New York.
How long does a father have to establish paternity in NY?
In the state of New York, An unmarried father has until the child turns 21 years of age to establish the paternity of a child. An Acknowledgement of the Paternity (AOP) form must be completed. The AOP form must be completed and signed in front of a witness. When completed the AOP form should be sent to the New York City Department of Health and Mental Hygiene.
Can I refuse a court-ordered paternity test?
A person (an alleged father or mother)can ignore a court order but, ignoring or refusing a court order will come with consequences. A judge would most likely hold the party who refused to show up for their court date in contempt.
If you live in New York and are in need of a legal paternity testing service that adheres to NYS guidelines and is recognized by Family Courts, Immigration and Passport Agencies, etc. Please contact our office today at 646-383-6778 for an appointment today.