Establishing Paternity

When a child is born to unmarried parents in New York, the law does not automatically recognize the father as a legal parent. Until paternity is formally established, a father has no enforceable right to custody or parenting time, and a mother has no enforceable right to child support. New York provides two principal paths to establish paternity: signing a voluntary Acknowledgment of Parentage under Public Health Law § 4135-b, or obtaining an Order of Filiation from the Family Court in a proceeding governed by Article 5 of the Family Court Act (FCA §§ 511–571). Understanding which path fits your situation — and the deadlines attached to each — can make the difference between a straightforward process and years of litigation.

Why Establishing Paternity Matters

Legal parentage is the gateway to nearly every right and obligation involving a child. Once paternity is established, the following consequences flow:

• Child support. Under FCA § 545, the court may enter a support order in the same proceeding that establishes paternity, and support can be made retroactive to the date the petition was filed.
• Custody and parenting time. A father cannot petition for custody or visitation in Family Court until he is a legal parent.
• Inheritance rights. Under EPTL § 4-1.2, a non-marital child may inherit from the father only if paternity was established during the father's lifetime through an order of filiation, an acknowledgment, or other statutorily recognized proof.
• Benefits. The child may become eligible for the father's health insurance, Social Security dependent or survivor benefits, veterans' benefits, and workers' compensation death benefits.
• Medical history and identity. The child gains access to the paternal family's medical history and a legally recognized relationship with that side of the family.

Path One: The Voluntary Acknowledgment of Parentage

The fastest route to legal parentage is the Acknowledgment of Parentage (form LDSS-5171), authorized by Public Health Law § 4135-b. Hospital staff typically offer the form immediately after birth, but parents can also sign it later at a local registrar or child support office. When properly executed by both parents, witnessed, and filed, the acknowledgment has the same force and effect as a court order of filiation — no judge is required.

The 60-Day Rescission Window Under FCA § 516-a

An acknowledgment is not lightly undone. Under FCA § 516-a(b), a signatory may rescind the acknowledgment only within 60 days of signing or before the date of the first court proceeding relating to the child in which the signatory is a party (such as a support proceeding), whichever comes first. Rescission is accomplished by filing a petition in Family Court to vacate the acknowledgment.

Worked example: Suppose a man signs an acknowledgment at the hospital on March 1. On April 10 — day 40 — the mother files a child support petition, and the first court date is April 25. Even though 60 days have not elapsed, the first court appearance on April 25 cuts off his rescission right if it occurs before day 60. If he wishes to rescind, he must act before that appearance.

After the window closes, FCA § 516-a(b)(iv) permits a challenge only on the grounds of fraud, duress, or material mistake of fact, and the challenger bears the burden of proof. Even then, the court may deny genetic testing and dismiss the challenge if it finds, under the doctrine of equitable estoppel, that testing is not in the child's best interests — for example, where the man has held himself out as the father for years and the child knows no other parent.

Path Two: A Paternity Petition in Family Court

When parents disagree, or when the alleged father is unavailable or unwilling to sign, paternity is established through a court proceeding.

Who May File and Where

Under FCA § 522, a paternity petition may be filed by the child's mother, a man alleging to be the father, the child or the child's guardian, or a public welfare official when the child is receiving public assistance. Venue is governed by FCA § 521: the proceeding may be brought in the county where the mother, the alleged father, or the child resides or is found.

The Deadline: Any Time Before the Child Turns 21

FCA § 517 provides that a paternity proceeding may be commenced during the mother's pregnancy or at any time until the child reaches the age of 21, unless paternity has already been acknowledged in writing or by furnishing support.

Worked example: A child born on June 15, 2005 turns 21 on June 15, 2026. A petition filed on June 1, 2026 is timely; one filed on July 1, 2026 is generally barred. Because child support obligations in New York run to age 21, delaying a filing costs money as well as time — support is retroactive only to the filing date under FCA § 545, not to the child's birth.

Genetic Marker Testing Under FCA § 532

In a contested case, FCA § 532 requires the court, on motion of any party or on its own motion, to order genetic marker or DNA testing of the mother, child, and alleged father. Key features of the statute include:

• A test result showing at least a 95% probability of paternity creates a rebuttable presumption of paternity, and the results are admitted into evidence without additional foundation testimony absent timely written objection.
• The court must deny testing where it makes a written finding that testing is not in the child's best interests based on equitable estoppel, the presumption of legitimacy of a child born to a married woman, or res judicata.

The ultimate burden at trial is proof of paternity by clear and convincing evidence — a standard higher than the ordinary civil standard. In practice, DNA results at or above 95% resolve most cases.

The Presumption of Legitimacy

A child born to a married woman is presumed to be the child of her spouse. This presumption is rebuttable, but courts scrutinize challenges carefully, and equitable estoppel frequently bars a biological father from disrupting an intact parent-child relationship. These cases are among the most fact-sensitive in Family Court and benefit greatly from experienced counsel.

What Happens After Paternity Is Established

Once the court enters an Order of Filiation under FCA § 542 (or an acknowledgment is filed), several steps typically follow:

1. Child support. The support magistrate can proceed immediately to set support under the Child Support Standards Act, FCA § 413, using the statutory percentages (17% of combined parental income for one child, 25% for two, and so on).
2. Custody and parenting time. The father may file for custody or a parenting schedule, which the court decides under the best-interests standard.
3. Birth certificate. Under Public Health Law § 4138, the birth record may be amended to add the father's name.

Parentage in Assisted Reproduction Cases

For children conceived through assisted reproduction or surrogacy, New York's Child-Parent Security Act, codified at FCA Article 5-C, supplies its own framework, including judgments of parentage that can be issued before or shortly after birth. If your family was formed through donor conception or a surrogacy arrangement, Article 5-C — not the traditional paternity statutes — will likely control, and the procedures differ significantly.

Common Mistakes to Avoid

• Signing an Acknowledgment of Parentage without genetic testing when there is any doubt about biological parentage — the 60-day clock under FCA § 516-a runs quickly.
• Waiting years to file, forfeiting retroactive support that only accrues from the filing date.
• Ignoring a paternity summons — the court can order testing and enter an order of filiation on default.
• Assuming DNA alone decides the case; equitable estoppel can override biology when the child's best interests demand it.

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