Full question:
I want to acknowledge paternity to my child born out of wedlock. Now I came to know that my daughter was already acknowledged by someone else and has obtained an order of filiation. Can I claim paternity under New York law?
- Category: Paternity
- Subcategory: Acknowledgment
- Date:
- State: New York
Answer:
In New York, a prior acknowledgment of paternity under N.Y. Fam. Ct. Act § 516-a, is not considered as a bar to a subsequent paternity claim by a putative father. Accordingly, any person may intervene in "any action" if he has a statutory right to do so. This is provided under NY CLS CPLR § 1012, reads as:(a) Intervention as of right. Upon timely motion, any person shall be permitted to intervene in any action:
1. when a statute of the state confers an absolute right to intervene; or
2. when the representation of the person's interest by the parties is or may be inadequate and the person is or may be bound by the judgment; or
3. when the action involves the disposition or distribution of, or the title or a claim for damages for injury to, property and the person may be affected adversely by the judgment.
* * *
In Tyrone G. v. Fifi N., the New York court held that an unwed biological father of a child born out of wedlock has a right to claim paternity in a separate and independent proceeding. Further, the court held that an order of filiation is not a bar to a claim of paternity in which the biological father was not a party. Additionally, the Family Court may at its discretion grant intervention if it is identifed that the person seeking intervention has a legitimate claim to parenthood.[1]
[1] Tyrone G. v. Fifi N., 189 A.D.2d 8, 15 (N.Y. App. Div. 1st Dep't 1993)
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.
