Full question:
I had signed acknowledgment of paternity 5 years ago when my wife gave birth to a child. wife. After one month of the child’s birth, my wife informed me that I was not the biological father of the child. I was confused and depressed. But now I want to vacate the acknowledgment of paternity. Is it possible under New York law?
- Category: Paternity
- Subcategory: Acknowledgment
- Date:
- State: New York
Answer:
In New York, you can only vacate an acknowledgment of paternity within sixty days of signing it, unless you can prove fraud, duress, or a material mistake of fact. This is outlined in NY CLS Family Ct Act § 516-a(b).
If you signed the acknowledgment when you were eighteen or older, you must file a petition to vacate within sixty days of signing or from the date of any related court proceedings. If you were under eighteen at the time, you can file up to sixty days after turning eighteen or after the related court proceeding.
If you miss the sixty-day window, you can still challenge the acknowledgment by proving fraud, duress, or a material mistake of fact. If the court finds in your favor, it will order DNA testing to determine paternity. If the tests show you are not the biological father, the acknowledgment will be vacated.
In your case, since five years have passed since the acknowledgment was signed, you will need to demonstrate fraud, duress, or a material mistake of fact to proceed. A relevant case, Matter of S.E.R. v. M.S.C., indicates that simply knowing you are not the biological father is not enough to vacate the acknowledgment after the sixty-day period.
For further assistance, consider consulting a legal professional.
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.