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Paternity
Can I claim paternity if my child has an existing acknowledgment?

Can I claim paternity if my child has an existing acknowledgment?

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: 04/07/2025
State: New York

Answer:

In New York, a prior acknowledgment of paternity does not prevent a putative father from claiming paternity. Under N.Y. Fam. Ct. Act § 516-a, any person can intervene in a paternity action if they have a statutory right to do so. This is outlined in NY CLS CPLR § 1012, which states that intervention is allowed when:

a statute grants an absolute right to intervene,
the current parties may inadequately represent the person's interests, or
the action affects property or claims that could adversely impact the person.

In the case of Tyrone G. v. Fifi N., the court ruled that an unwed biological father has the right to pursue paternity in a separate proceeding, even if there is an existing order of filiation involving another party. The Family Court can also permit intervention if the person seeking it has a legitimate claim to parenthood.

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

How do you establish paternity of an out of wedlock child in NY?

In New York, paternity for a child born out of wedlock can be established through a voluntary acknowledgment of paternity, which both parents sign. Alternatively, a court can determine paternity through a paternity action, where DNA testing may be ordered. If the father is not married to the mother, he can file a petition in Family Court to establish his legal rights as a parent. This process ensures that both parents' rights and responsibilities are recognized under the law.

What happens if I'm married but have a baby with someone else?

If you are married and have a child with someone else, your spouse is typically presumed to be the legal parent of the child under New York law. However, the biological father can seek to establish paternity through a court action. This situation can lead to complex legal issues, including custody and child support, so it is advisable to consult with a family law attorney for guidance.

What happens if you have a baby with someone else while married in NY?

In New York, if you have a baby with someone else while married, your spouse is usually presumed to be the child's legal parent. This presumption can complicate custody and support issues. The biological father may need to file a paternity action to establish his rights. Legal advice is recommended to navigate these situations effectively.

Does an acknowledgement of paternity need to be notarized?

Yes, in New York, an acknowledgment of paternity must be signed by both parents and notarized to be legally effective. This formal process helps ensure that both parents agree to the acknowledgment and understand their rights and responsibilities. Once completed, it can be filed with the appropriate state agency to establish legal paternity.

What happens if a married woman gets pregnant by another man in NY?

If a married woman becomes pregnant by another man in New York, her husband is generally presumed to be the legal father of the child. This presumption can be challenged by the biological father through a paternity action. The legal implications can affect custody, support, and visitation rights, so consulting an attorney is advisable to understand the options available.

How to get an acknowledgement of paternity in NY?

To obtain an acknowledgment of paternity in New York, both parents must complete and sign a form called the Acknowledgment of Paternity. This form must be notarized to be valid. It can be done at the hospital after the child’s birth or later at a local child support office or Family Court. Once signed and notarized, it should be filed with the appropriate state agency to establish legal paternity.