As we currently understand it, there are no specific paternity testing laws. Instead, there are paternity establishment laws in New York State.
What you need to know about Paternity Testing
When it comes to legal paternity testing in New York State there are a few things you need to know in order to remain compliant with the New York State Department of Health guidelines. The most important thing you need to know is, that all DNA relationship testing services performed within the state require one of the following instruments.
1. A court order from a judge.
2. A prescription referral from an NYS licensed doctor.
3. A letter from an NYS licensed attorney.
Currently, As we understand it. There are no specific DNA testing laws in New York State that dictate the paternity testing process. What New York does have are guidelines that the NYSDOH has issued to labs that are accredited by NYSDOH. It is important to note that paternity laws should not be confused with paternity testing. A paternity test is an instrument that can be used when a mother or an alleged father wants to establish paternity.
According to Findlaw.com, Paternity Law involves the legal recognition of a child’s biological father, typically established through genetic testing. For example, when a child’s paternity is in question or denied by the father, the mother may file a paternity suit against the alleged father to obtain child support.
How is paternity established in NY?
Establishing the paternity of a child can occur in serval ways:
When a married woman gives birth to a child, her husband is presumed to be the father of the child. In these cases, the husband’s name will automatically be added to the birth certificate. The husband has all of the legal rights and responsibilities of fatherhood until an order or voluntary declaration “disestablishes” paternity.
When a child is born to unmarried parents, a legal relationship between the father and child must be established before a court or administrative authority will order child support. This legal relationship is called paternity. Establishing paternity for a child born out of wedlock not only provides a legal relationship but also provides a child with access to emotional and financial support from their noncustodial parent including:
- Important interactions and relationships with both parents.
- Access to child support and to federal benefits such as Social Security benefits.
- Medical insurance and health information.
Legal Establishment of Paternity
The only two ways to legally establish paternity in New York:
- Voluntary acknowledgment by the parent normally the father, or
- State-established legal processes, which often include genetic testing from a Family Court Judge.
How does a court decide paternity?
A mother or a father can file a paternity petition in Family Court. If you need to paternity petition form online here https://nycourts.gov/forms/familycourt/paternity.shtml
Once a paternity petition is filed and all parties involved do not agree on paternity a judge in Family Court will probably order a DNA test to determine paternity. Once the alleged father is shown to be the biological father of the child. The judge will issue an Order of Filiation stating the biological father is the legal father of the child.
If you are in need of legal paternity testing services and reside in New York City. Please do not hesitate to contact IDTO with your legal paternity testing needs. The number to call is 347-735-5490 to schedule an appointment.
Please note: All paternity testing samples are tested and analyzed with a partner AABB Accredited Laboratory to conduct a legal, chain of custody testing.