If the young man is the father, establishing paternity would be fairly
easy by signing the Paternity Acknowledgment Form (PAF). However, if
there is any question at all if he is the father, it is important that
he not sign the form until a DNA test has been done. I've copied and
pasted a few relevant sections below, but please click on the links
for full details.
New York State Human Resources Administration:
Do not sign the Acknowledgment of Paternity form if:
The baby has not been born yet
Either parent is not sure who the baby?s father is
The mother is legally married to someone else, even though he is not the father
New York State Instrument to Acknowledge Paternity of An Out of Wedlock Child form:
> "What is the best and possible cost effective way to established
paternity for a young man's child to be? "
> "Can it be done in the hospital at the time of the birth of the baby? "
"If there is any doubt about who the father is, do not sign the
Voluntary Acknowledgment of Paternity form. Ask the birth registrar in
the hospital for information abut DNA testing."
DNA Testing And Paternity Establishment
"You should not sign the Voluntary Acknowledgment of Paternity form
unless you are sure of the identity of the biological father of the
child. If there is any doubt, a DNA test should be requested to
determine if an individual is the biological father. You will be
referred to an outside laboratory where both parents and the child
will have to provide DNA samples. The test is quick, easy, and
painless and is available at low or no cost through the NYC Outreach
and Paternity Services Unit. For more information, call (212)
487-5837". [phone the NYC OPSU for the equivalent in your area].
New York State Paternity Establishment
How do unmarried parents establish paternity?
"There are two ways for unmarried parents to establish paternity:
* Signing a voluntary form called an Acknowledgment of Paternity
(available from hospitals, local district child support offices, and
local birth registrars); and
* Filing a court petition to have the court determine paternity.
What if there is doubt as to the identity of the biological father?
If there is any doubt as to the identity of the biological father, do
not sign a voluntary Acknowledgment of Paternity form. If this is the
situation, it is best to let the court determine paternity. When the
matter goes to court, the court will order the mother, child, and
alleged father to submit to certain genetic or DNA tests. Based on the
results of the test, the court will determine whether the alleged
father is the legal father of the child.
If the alleged father is shown to be the biological father, the court
will issue an order that says he is the legal father of the child.
This is called an order of filiation. After the order of filiation is
issued, either party can pursue seeking an order for child support."
Signing the Paternity Acknowledgment Form
"It is important to keep in mind that by signing the "Paternity
Acknowledgment Form" (PAF), you are giving your states Child Support
Enforcement Division legal power to collect child support from you."
"By signing the PAF you are NOT establishing legal visitation or
custody. Also by signing the PAF you are giving up "due process"
concerning taking care of visitation, custody, and support all in one
swoop. Your local District Court can establish paternity, child
support, visitation, and custody while also providing due process.
You may get the feeling from the above paragraph that we are
discouraging signing the PAF. Not true. We are against signing a PAF
while not knowing ALL the implications that go along with the signing
of the PAF. If you are comfortable with signing the PAF and all the
requirements that go with it, congratulations."
The process is relatively easy and reasonable.
* Costs very but figure around $500 for a trio with Buccal swabs
or blood samples.
* Additional cost would be to a private clinic for specimen
collection, which may be around $20 per person.
* If you prefer not to go to a medical site and do not need a
legal notarized result, a self-collection kit can be sent t your home
for around $350. One kit will collect up to three people. Cost of
testing is usually separate and additional cost.
* Results will take around 2 weeks.
> "What rights would this guantee for the father? "
New York State Paternity Establishment
What benefits does the father receive from paternity establishment?
The father receives benefits from paternity establishment which include:
* Legally establishing their parental rights;
* Having their name on their child's birth certificate;
* Having the right to seek court ordered custody and visitation; and
* Having the right to be informed and have a say in adoption proceedings.
What benefits does the mother receive from paternity establishment?
The mother receives benefits from paternity establishment which include:
* Help in sharing of parental responsibility;
* Information about the father's medical history;
* Improving the financial security of the family; and
* Medical insurance coverage for the child from the father's
medical insurance, if available.
Benefits of establishing paternity
Establishing paternity helps both parents and child:
For the Mother:
Help with sharing parental and financial responsibilities
More financial security for the family
For the Father:
Legal establishment of parental rights
Name appears on the child?s birth certificate
Right to seek court ordered custody and visitation
Right to be consulted in any adoption proceeding
For the Child:
Legal record of the identity of his or her parents
Father?s name on the birth certificate
Information about family medical history
Financial support from both parents
Entitlement to medical insurance, social security and veterans
benefits and military allowances through the non-
Rights of inheritance
> Can the mother decide she doesn't want to have it done?
Parents do not want to sign Voluntary Acknowledgment of Paternity
"If the parents cannot agree to sign the Voluntary Acknowledgment of
Paternity form, either parent can file a petition for a paternity
hearing in family court. The support magistrate may order a DNA test
to be sure who the father is. During the hearing, the parents can
request that the baby?s last name be changed to that of the father.
The Department of Health and Mental Hygiene will amend the birth
certificate by adding the father?s name and changing the baby?s last
name. When paternity is established in court, a document called an
Order of Filiation is issued. Each parent is given a copy of the Order
of Filiation at the paternity hearing and the original is sent to the
Department of Health and Mental Hygiene.
Court Order of Filiation:
"When there is a disagreement over whether a man is the father, either
he or the mother can take the case to Family Court to ask the court to
determine whether he is the father. Sometimes blood tests are taken
to establish paternity. If the Family Court decides that the man is
the father, it will make a formal decision that he is the father and
issue an ?Order of Filiation.? After that, the court can order him to
contribute financially to the child?s support.
It is very important for parents to comply with notices or warrants in
paternity or child support hearings. A court may order the Department
of Motor Vehicles to take away the driving privileges of parents who
fail to come to court when there is a child support case against
Family Court Forms - Paternity Forms
Additional Link of Interest
For More Information
"If you need more information about establishing paternity or DNA
testing, or you have questions about the Voluntary Acknowledgement of
Paternity form, contact the birth registrar in the facility where you
are having your baby."
3120 Federal Building
100 State Street
Rochester, NY 14614
(585) 232-4850 [phone]
(585) 232-1954 [fax]
I was glad to work on this for you. If you have any questions, please
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