New York Paternity Frequently Asked Questions

Establishing paternity is the process of determining who is the biological father of a child. In the absence of a determination of paternity, the father does not have legal rights or obligations with respect to the child, including the right to have access to the child or the obligation to support the child financially.

The best way to prove that you are not a child’s father is to take a DNA test. A DNA test can prove that a man is the father of a child or rule him out as being the father. Note that failing to take a DNA that is requested by the court may result in the court entering a default judgment against you. You would be deemed the biological father and be obligated to financially support the child. Once paternity has been established and child support ordered, it is sometimes difficult to reverse the support order to support the child, even if a DNA test later prove that another man is the biological father.

If a child is born to a married couple, the husband is presumed to be the child’s father. If the couple is not married, there are steps that must be taken to establish paternity. The father can acknowledge paternity by signing an acknowledgement of paternity form or signing the birth certificate. The alleged or suspected father can also take a DNA test to prove that he is the father or rule him out as being the father.