Establishing Paternity in New York State: What You Need to Know

Establishing paternity is a crucial step in securing a father's legal rights and responsibilities in New York. Whether you're a mother, an alleged father, or a concerned guardian, understanding how paternity is established—and potentially challenged—is essential to protecting a child's best interests.

Who Can File a Paternity Petition in New York?

A paternity petition can be brought by:

• The child’s mother

• A man who believes he is the father

• The child or the child’s legal guardian

• The Department of Social Services (if the child receives public assistance)

What Is an Order of Filiation?

An Order of Filiation is a court order legally naming a man as a child’s father. It grants:

• Custody or visitation rights

• Financial responsibilities such as child support

• The ability to change the child’s surname or birth certificate

How Paternity Can Be Established

1. By Consent:

• If the mother was unmarried when the child was conceived or born, both parents can agree to paternity without DNA testing.

• If the mother was married, the husband, mother, and biological father must all agree.

2. By Court Order:

• If there’s no agreement, the court may require DNA testing.

• Even after a DNA match, a hearing is still required. The burden of proof then shifts to the party contesting the results.

Challenging or Vacating a Paternity Order

You may petition to vacate an Order of Filiation or Acknowledgment of Paternity based on:

• Fraud

• Duress

• Material mistake of fact

However, equitable estoppel may prevent a challenge if the man has already acted as the father, developing a close bond with the child. The court’s priority will always be the best interests of the children, emphasizing stability and emotional security.

Why Legal Representation Matters

Paternity cases impact custody, child support, and emotional well-being. Having a family law attorney ensures your rights, and the child’s, are protected.