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Can I add my child's father's name to the birth certificate in New York?

Can I add my child's father's name to the birth certificate in New York?

Q: Does signing a birth certificate establish paternity in New York?

In New York, signing a birth certificate does not automatically establish paternity for unmarried parents. To legally establish paternity, both parents must sign an acknowledgment of paternity form or obtain a court order. This ensures that the father's rights and responsibilities are recognized under the law.

Q: What if a man's name is on the birth certificate?

If a man's name is on the birth certificate, he is generally recognized as the child's legal father. This grants him certain rights and responsibilities, such as the right to seek custody or visitation. However, if paternity is contested, further legal action may be necessary to confirm his status.

Q: Who has legal custody of a child when the parents are not married in NY?

In New York, when parents are not married, the mother typically has sole legal custody unless a court orders otherwise. The father can seek custody or visitation rights, but he must establish paternity first. Legal custody arrangements can be modified through court proceedings.

Q: How to establish paternity in North Dakota?

In North Dakota, paternity can be established through a voluntary acknowledgment form signed by both parents or by obtaining a court order. If the parents are not married, it's important to take these steps to ensure that the father's rights and responsibilities are legally recognized.

Full question:

I am an unmarried mother. Can I have the name of my child’s father entered in his birth certificate under New York law?

Category: Paternity
Subcategory: Birth Certificate
Date: 04/07/2025
State: New York

Answer:

In New York, you cannot add the father's name to the birth certificate of a child born out of wedlock without his consent. According to N.Y. Pub. Health Law § 4135:

The birth certificate will not indicate whether the child is born in or out of wedlock.
The father's name can only be included if:

Both parents sign an acknowledgment of paternity (as per section 111-k of the Social Services Law or section 4135-b of this article) and file it with the birth record, or
A court order or judgment regarding parentage is provided to the clerk of the birth record.

Without the father's consent or a court order, his name cannot be added to the birth certificate.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Does a father have rights if his name is on the birth certificate?

Yes, if a father's name is on the birth certificate, he generally has legal rights regarding the child, including custody and visitation. However, these rights can be affected by the child's parents' marital status and any existing court orders. It's important to understand that being listed on the birth certificate does not automatically grant full parental rights; paternity must be established legally in some cases.

Does signing a birth certificate establish paternity in New York?

What if a man's name is on the birth certificate?

What rights does a father have if he signs the birth certificate?

If a father signs the birth certificate, he typically gains rights to seek custody and visitation. He may also be responsible for child support. However, these rights can be influenced by the parents' marital status and any court orders regarding custody or visitation. It's advisable to consult with a legal professional for specific guidance.