How do I establish paternity in New York?
New York establishes parentage through the Family Court Act (FCA) Article 5 and recent updates in the Child-Parent Security Act.
1. Acknowledgment of Parentage (AOP)
Both parents may sign form LDSS-4418 at the birthing hospital, the local registrar, the Child Support Services office, or the Family Court. Under FCA § 516-a(a) the AOP has "the same force and effect as an order of filiation entered after a court hearing." Either party has 60 days (or until the date of an administrative or judicial proceeding relating to the child, whichever is earlier) to rescind in court under FCA § 516-a(b)(i); after that, challenges require fraud, duress, or material mistake of fact under FCA § 516-a(b)(ii).
2. Court-Ordered Paternity
A paternity petition may be filed by the mother, putative father, child or representative, or the Department of Social Services in Family Court under FCA §§ 522-523. Under FCA § 532 and 42 U.S.C. § 666(a)(5)(B) the court orders a DNA test; results of 95% or greater create a rebuttable presumption of paternity (§ 532(a)). Trial is before a Support Magistrate or Family Court Judge.
3. Presumption of Paternity
A child born to a married woman is presumed to be the husband's child (DRL § 24; Matter of Findlay, 253 N.Y. 1). The presumption may be rebutted only by clear and convincing evidence and is subject to equitable estoppel — the court will not order genetic testing if it would disrupt a settled parent-child relationship contrary to the child's best interests (FCA § 418, § 532).
4. Effects of Establishing Paternity
Triggers child-support liability under the Child Support Standards Act (FCA § 413), opens custody/visitation jurisdiction (DRL § 70), creates intestate inheritance rights (EPTL § 4-1.2), and allows amendment of the birth certificate via VS Form DOH-297A.
5. Special Situations
Under the Child-Parent Security Act (FCA Article 5-C), non-biological parents in same-sex relationships and intended parents through surrogacy may obtain Judgments of Parentage. Sperm donors who comply with DRL § 73 are not parents. New York firmly applies paternity by estoppel.
This is legal information, not legal advice.
- Equitable estoppel argument that may bar genetic testing in a paternity case
- Surrogacy or assisted-reproduction Judgment of Parentage under FCA Article 5-C
- Vacating an AOP after the 60-day rescission window has elapsed
- N.Y. Fam. Ct. Act § 516-a
- N.Y. Fam. Ct. Act § 522
- N.Y. Fam. Ct. Act § 532
- N.Y. Fam. Ct. Act Art. 5-C
- N.Y. Dom. Rel. Law § 24
- 42 U.S.C. § 666(a)(5)(B)
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.