What Are The Requirements To Establish Paternity Using A DNA Test?

What Are The Requirements To Establish Paternity Using A DNA Test

Establishing paternity in the state of New York is different from most states. NYS requires an alleged father who is performing a paternity test to acquire one of three things in order to perform a DNA paternity test that is compliant with state guidelines. Below are the options available to 

1. A court order from a judge

2. A prescription referral from a New York State licensed doctor

3. A letter from a New York State licensed attorney.

In addition, it should be noted that only laboratories that are recognized/accredited by the state of New York and AABB can perform legally recognized testing results that will be accepted by a Family Court Judge or an Immigration Judge. 

A common reason to establish paternity:

  • Birth Certificate

In order to for an unmarried alleged biological father’s name to be added to his child’s birth certificate. A DNA test to prove paternity will more than likely need to be performed.

  • Legal Rights

In order for an unmarried alleged father to have some legal rights for a child, he believes to be his own. He will need to have his name added to the child’s birth certificate to make decisions on his child’s life and to be considered the legal father by New York State.

Adding A Father's Name To A Birth Certificate

What happens if you don’t put the father’s name on the birth certificate?

There is no legal consequence we are aware of if an alleged father’s name is not added to a child’s birth certificate. But, there is a consequence of access for the child. The child may not have access to financial child support, possible inheritance, or in the event, a child has a medical issue he or she inherited from their biological father like blood. If the father is not available to help with medical issues the child’s life may be affected.

If you are in need of legal paternity testing services that are recognized by Family Court Judges for the purposes of evidence submission. Please contact our office today at 646-383-9778 for appointments.