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Paternity
Is my father's acknowledgment of paternity valid in New York?

Is my father's acknowledgment of paternity valid in New York?

Q: Can an acknowledgment of paternity be challenged?

Yes, an acknowledgment of paternity can be challenged in court. If someone disputes the acknowledgment, they may file a petition to contest it. However, if the acknowledgment is unchallenged, it remains valid and does not require further legal action to confirm its legitimacy.

Q: What happens if my father's acknowledgment of paternity is not filed?

If an acknowledgment of paternity is not filed with the appropriate registrar, it may not be legally recognized. In New York, the acknowledgment must be in writing and properly filed to establish paternity. Without this step, the father's legal rights and responsibilities may not be enforced.

Q: Does New York recognize paternity established in other states?

Yes, New York recognizes paternity established in other states. Under the Full Faith and Credit Clause, New York must honor paternity determinations made in other states, whether through voluntary acknowledgment or court orders. This ensures that paternity rights are upheld across state lines.

Q: What are the benefits of acknowledging paternity?

Acknowledging paternity provides several benefits, including legal recognition of the father-child relationship, which can affect custody, visitation, and child support rights. It also allows the child to access benefits such as health insurance, inheritance rights, and social security benefits through the father.

Full question:

My father had acknowledged my paternity in Florida. Is that acknowledgment valid in New York?

Category: Paternity
Subcategory: Acknowledgment
Date: 04/07/2025
State: New York

Answer:

In New York, an acknowledgment of paternity that was signed in another state is recognized under the law. According to NY CLS Family Ct Act § 516-a(b), an acknowledgment of paternity must be in writing and filed with the appropriate registrar where the birth occurred. If the acknowledgment is unchallenged, no further legal action is needed to confirm it.

Additionally, under 42 U.S.C. § 666(a)(11), each state must give full faith and credit to paternity determinations made by other states, whether through voluntary acknowledgment or legal processes. This means your father's acknowledgment of paternity in Florida is valid in New York.

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

What is an acknowledgment of paternity?

An acknowledgment of paternity is a legal document in which a person confirms they are the biological father of a child. This document is typically signed voluntarily and can establish legal rights and responsibilities, such as child support and custody. In many states, including New York, this acknowledgment must be filed with the appropriate registrar to be recognized legally.