Establishing New York Paternity

The procedure to establish paternity in New York involves determining who is the legal father of a child that is born to parents who are married to each other.  Establishing paternity is extremely important because without doing so the biological father has no rights until paternity has been established, and the child has no legal father.   Paternity also give the child the right to inherit under the father’s estate as well as other medical insurance benefits, VA benefits and life insurance benefits. Bottom line, paternity gives the child the same rights as if the child was born to married parents.

Paternity Procedure

There are a couple ways to establish paternity in New York. The simplest way is to voluntary acknowledge paternity on a form prior to or after the child’s birth. The hospital can provide you with the form. Or you can go to court and ask the court to establish paternity. If you are unsure as to whether you are the father, you may want to take a genetic test to determine paternity. It is best to be sure since paternity is difficult to change once it has been established that you are the biological and legal father of the child.

Advantages of Establishing Paternity?

For the child, having the father’s name on the birth certificate gives the child legal rights as an heir of the father. This means that if the father dies in New York without a will, the child has the right to inherit under intestate laws. Should the father have a will or trust but omits the child, the child would still have a legal right to contest the will or trust as an omitted beneficiary and make a claim to the estate. The child would also be entitled to social security survivor rights if the father passes away as well as VA benefits.

Emotionally, it is good for the child and the father to establish a bond if the father is willing to acknowledge the child despite the fact that the parents never married. The mother of the child may receive financial and emotional security from establishing paternity. Paternity helps the parents share parental duties and decision making.   Paternity can also help the mother obtain child support if the father is not cooperating. For the father, paternity gives the father legal rights to custody, visitation and other decision making rights as well as establishing a relationship with the child.

Since New York paternity matters are emotional and complex, a New York family law and paternity lawyer can be of assistance.