Full question:
My son was born when I had a live-in relationship with my boy friend. Subsequently, we separated. Last year my ex-boy friend died. I wanted a new birth certificate to be issued to my son with my ex-boy friend’s name entered as his father. Is it possible under New York law?
- Category: Paternity
- Subcategory: Birth Certificate
- Date:
- State: New York
Answer:
In New York, if a father dies without formally acknowledging paternity, his name cannot be added to the birth certificate of a child born out of wedlock. This is due to the lack of verified consent from the father. According to N.Y. Pub. Health Law § 4138, a new birth certificate can only be issued under specific circumstances, such as if the parents marry after the child's birth, if there's a court judgment regarding paternity, or if the father acknowledges paternity before his death.
In the case of Beaton v. New York, Dep't of Health, Bureau of Vital Records, the court ruled that if the putative father dies before acknowledging paternity, the city cannot be required to issue a new birth certificate with his name. Therefore, unless your ex-boyfriend acknowledged paternity before his death, you cannot obtain a new birth certificate listing him as the father.
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.