Paternity in New York

What is paternity establishment?

Every child has a biological father, but if the parents are not married, the law does not recognize the biological father as the child's legal father, and does not give him any rights or responsibilities to the child. To be the legal father, the parents have to establish paternity for the child.

Why is it important to establish paternity?

By establishing paternity for the child, the parents are ensuring that the child has the same rights and benefits as children born to married parents.

How does the child benefit from paternity establishment?

There are many emotional and financial benefits the child receives from paternity establishment including:

• Knowing that the parents cared enough to acknowledge legal paternity.
• Having their father's name on their birth certificate.
• Being covered by medical or life insurance from either parent, if available.
• Receiving financial support from both parents, including:
• Social security,
• Veterans benefits,
• Inheritance rights, and
• Child support.
• Having information on family medical history.

What benefits does the mother receive from paternity establishment?

The mother receives benefits from paternity establishment which include:

• Help in sharing of parental responsibility;
• Information about the father's medical history;
• Improving the financial security of the family; and
• Medical insurance coverage for the child from the father's medical insurance, if available.

What benefits does the father receive from paternity establishment?

The father receives benefits from paternity establishment which include:

• Legally establishing their parental rights;
• Having their name on their child's birth certificate;
• Having the right to seek court ordered custody and visitation; and
• Having the right to be informed and have a say in adoption proceedings.

How do unmarried parents establish paternity?

There are two ways for unmarried parents to establish paternity:

• Signing a voluntary form called an Acknowledgment of Paternity (available from hospitals, local district child support offices, and local birth registrars); and
• Filing a court petition to have the court determine paternity.

What if there is doubt as to the identity of the biological father?

If there is any doubt as to the identity of the biological father, do not sign a voluntary Acknowledgment of Paternity form. If this is the situation, it is best to let the court determine paternity. When the matter goes to court, the court will order the mother, child, and alleged father to submit to certain genetic or DNA tests. Based on the results of the test, the court will determine whether the alleged father is the legal father of the child.

If the alleged father is shown to be the biological father, the court will issue an order that says he is the legal father of the child. This is called an order of filiation. After the order of filiation is issued, either party can pursue seeking an order for child support.

-- New York State, Division of Child Support Enforcement (DCSE)