What is a NY Acknowledgement of Paternity?
A Voluntary Acknowledgement of Paternity (AOP) is a form that is signed by an unmarried father at a hospital after the birth of a child, at a social services office or after a court hearing.
Where should I sign the AOP form?
Before signing a Acknowledgement of Parentage form you may want to take into consideration a few key points. Which may have huge ramifications for the child. Here are a few pros and cons.
Filing with the Registrar:
- Pros:
- Easier and faster: Generally quicker and less formal than going to court.
- Updates child’s birth certificate: Reflects both parents as legal guardians, impacting inheritance rights, medical benefits, etc.
- Less expensive: No court fees involved.
- Cons:
- Not a court order: Can potentially be challenged in court later on.
- Limited legal protection: Provides basic legal recognition but might not hold up in complex situations.
Filing with the Court:
- Pros:
- Stronger legal protection: Establishes parentage as a formal court order, making it difficult to challenge later.
- Greater legal security: Provides the child with a more secure legal standing in all aspects.
- Provides clarity on responsibilities: Can address complex issues like child support, child custody and visitation rights.
- Cons:
- More complex and time-consuming: Requires court appearances, paperwork, and potentially legal representation.
- Can be costly: Court fees and lawyer fees may be involved.
It is recommended that you seek consultation with a Family Law Attorney to better understand which option works best for your circumstance.
Please note, If paternity is challenged by either parent performing a DNA test will more than likely need to be performed. Learn more about scheduling an appointment with IDTO call 347-735-5490 to get started.
Who is Eligible for AOP?
Unmarried couples are eligible to sign an AOP form, while married couples do not need to sign this document. Marriage automatically assumes a husband is the legal father of any children born during the marriage
Completing and Filing the AOP
Where you complete an Acknowledgment of Parentage (AOP) form is at your discretion.
The NYS Acknowledgement of Parentage form LDSS-5171 is a six page document. The first 4 pages of the document contain important information that we recommend you read carefully before signing. Please note, there is an older AOP form, LDSS-4418, that has a less detailed explanation but can essentially be used for the same purpose of legally establishing paternity.
If you do not understand any aspect of the AOP forms, please seek legal counsel before signing this document. Pages 5 and 6 will require you to complete the form by providing standard information about yourself (name, date of birth, social security number, etc).
It is recommended that you seek legal counsel before signing a voluntary Acknowledgment of Parentage or Acknowledgment of Paternity form.
