Understanding NYS Paternity Testing Laws

Paternity testing is essential for establishing the legal relationship between a father and a child in New York State. This process has significant implications for parental rights, responsibilities, and the welfare of children. This article outlines the key aspects of paternity testing laws in New York State, ensuring clarity and simplicity in understanding.

Definition of Paternity

Paternity means legal fatherhood of a child. Establishing paternity gives certain rights and responsibilities to the father, which include:

• Child Support: The father is obligated to support the child until age 21 or until the child is emancipated.
• Decision Making: The father has the right to make important decisions for the child, equal to that of the mother, unless a court rules otherwise.
• Visitation and Custody Rights: The father has the right to visitation or parenting time and may also seek legal and physical custody.

For the child, establishing paternity grants:

• Financial Support: The right to receive child support.
• Inheritance Rights: Eligibility for inheritance and claims related to wrongful death.
• Social Security Benefits: Access to benefits if the father becomes disabled or passes away.
• Health Insurance: Inclusion in the father’s health insurance plan.

Establishing Paternity

Paternity can be established in several ways:

1. Automatic Legal Fatherhood: If a mother is married when the child is born, her husband is automatically recognized as the child’s legal father. If he is not the biological father, either parent can file in court to name the biological father.
2. Acknowledgment of Paternity (AOP): If the mother is unmarried, both parents can sign an AOP form to declare the biological father as the legal father. This form can be signed at the hospital after birth or any time before the child turns 21. It is important not to attempt to use this form if the mother is married to someone else.
3. Court Order: Family Court can issue an “Order of Filiation” to legally establish paternity. Either parent can file a paternity petition in Family Court.

How an Acknowledgment of Paternity Works

The Acknowledgment of Paternity is typically signed by both parents, often at the hospital. If a parent believes they made a mistake when signing, they must file a petition within 60 days to vacate the acknowledgment. After 60 days, they must prove fraud, a major mistake of fact, or duress at the time of signing.

Legal Admissibility of DNA Testing

New York State requires that DNA testing for legal purposes be conducted under strict guidelines. The following conditions apply:

• Certified Laboratories: DNA samples must be analyzed by laboratories certified by the New York State Department of Health (NYSDOH) and accredited by the American Association of Blood Banks (AABB).
• Probability Requirement: The results must demonstrate a probability of paternity of 95% or higher to be considered legally valid.

Court Proceedings for Paternity

In cases where there is no agreement on paternity, Family Court will likely order a DNA test. The court considers several factors:

• If DNA testing shows that the man is likely the biological father, both parents may agree on paternity, leading to an Order of Filiation that names him as the legal father.
• If there is still disagreement, a hearing may occur where DNA test results are evaluated before issuing a decision.

If the mother was married to someone else at conception or birth, or if another man is named as the child’s father, the court may refuse to order testing based on a legal rule called “equitable estoppel.” This means that it may not be in the child’s best interest to disrupt existing parental relationships, even if they are not biologically true.

Rights Following Paternity Establishment

Once paternity is legally established, whether through an AOP or a court order, fathers gain equal rights to seek custody or visitation. This includes:

• Custody Rights: Fathers can petition for sole or joint custody.
• Child Support: Establishing paternity obligates fathers to provide financial support for their children.
• Visitation Rights: Fathers have the right to request visitation schedules enforced by the courts.

After paternity is established, either parent can file petitions for custody, visitation, or child support. These petitions can be filed while the paternity case is pending, but no orders can be granted until after paternity is established.

Benefits for Children

Establishing paternity provides numerous benefits for children, including:

• Medical Insurance: Access to health insurance through the biological father.
• Inheritance Rights: Eligibility for inheritance claims from both parents.
• Social Security Benefits: Potential access to benefits if the father passes away or becomes disabled.
• Emotional and Identity Benefits: Understanding biological connections can enhance a child’s sense of identity and emotional stability.

Conclusion

NYS paternity testing laws present a structured approach to establishing legal fatherhood, ensuring that the rights and responsibilities of both parents are clearly defined. Understanding these laws is crucial for parents navigating complex family dynamics.

For reliable and court-admissible DNA testing services in New York City, contact IDTO DNA Testing Center. Our partner AABB-accredited laboratory ensures compliance with all legal requirements, providing you with accurate and timely results. Call us today to at 347-735-5490 to schedule your appointment and gain peace of mind regarding your family’s future.