The father of my child died before we could marry and the child was born after his death. How can I establish paternity of my child?

Full question:

I am an unmarried mother. We had planned to marry but my boy friend died before the child was born. What should I do to establish paternity of my child under New York law?

• Category: Paternity
• Date: 04/07/2025
• State: New York

Answer:

In New York, to establish paternity the exclusive original jurisdiction is vested with the family court. This is provided under NY CLS Family Ct Act § 511, which reads as:
Except as otherwise provided, the family court has exclusive original jurisdiction in proceedings to establish paternity and, in any such proceedings in which it makes a finding of paternity, to order support and to make orders of custody or of visitation, as set forth in this article. On its own motion, the court may at any time in the proceedings also direct the filing of a neglect petition in accord with the provisions of article <1> ten of this act. In accordance with the provisions of section one hundred eleven-b of the domestic relations law, the surrogate's court has original jurisdiction concurrent with the family court to determine the issues relating to the establishment of paternity.
 
In this instance, the unwed mother can institute a proceeding in the family court to establish paternity of the child born out of wedlock.