My 17 year old son is born out of wedlock. Is he entitled to child support from his purported father?

Full question:

I have a 17- year- old son, who was born out of wed lock. We reside in Lockport. Is he entitled to child support from his purported father under New York law?

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

Answer:

In New York, there are certain prerequisites for a child born out of wed lock to be supported by the putative father, they are: the child must show that his/her parents entered a ceremonial marriage or that he/she is a stepchild of that man and a recipient of public assistance or in care of person liable to become in need thereof, or showing an order of filiation from a competent court.

This is provided under N.Y. Fam. Ct. Act § 417, which read as:
 

A child born of parents who at any time prior or subsequent to the birth of said child shall have entered into a ceremonial marriage shall be deemed the legitimate child of both parents for all purposes of this article regardless of the validity of such marriage.

Additionally, under N.Y. Fam. Ct. Act § 415, which read as:
 

Except as otherwise provided by law, the spouse or parent of a recipient of public assistance or care or of a person liable to become in need thereof or of a patient in an institution in the department of mental hygiene, if of sufficient ability, is responsible for the support of such person or patient, provided that a parent shall be responsible only for the support of his child or children who have not attained the age of twenty-one years. In its discretion, the court may require any such person to contribute a fair and reasonable sum for the support of such relative and may apportion the costs of such support among such persons as may be just and appropriate in view of the needs of the petitioner and the other circumstances of the case and their respective means. Step-parents shall in like manner be responsible for the support of children under the age of twenty-one years.

In Lattanzio v. Lattanzio, 83 Misc. 2d 899, 373 N.Y.S.2d 989 (Fam. Ct. 1975), the court held that the child was not entitled to child support absent showing that the putative father and child’s mother entered into ceremonial marriage,either valid or otherwise, or an allegation of being the stepchild of the man, or showing an existence of order of filiation from court of competent jurisdiction.

In the instant case, the child born out of wedlock may be entitled to child support from his putative father upon satisfying the prerequisites such as ceremonial marriage of parents, or stepchild of the man, or an order of filiation by a competent court.