Paternity Law and Procedure Handbook - New York 2025

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Mothers generally cannot decline to present a child for paternity testing and have to abide by the determination of the courts in a paternity case. If the testing affirms a mans claim that he is the father of the child, the state can acknowledge his paternity and have his name added to the birth certificate.
A mother can legally refuse to put the fathers name on the birth certificate if they are not married at the time of the childs birth. This decision is typically up to the mother, as unmarried fathers are not automatically recognized as legal parents until paternity is established.
If the mother is not willing to state you as the biological father on the birth certificate, it would be best for you to obtain legal counsel and file for paternity rights. This action ensures that your identity as a dad will remain acknowledged in an official capacity.
When a child is born to parents who are not married to each other, the biological father is not considered the childs legal parent unless the father has signed an Acknowledgment of Paternity (usually done at the hospital at the time of the childs birth) declaring himself to be the childs father, or an order of
If a man was not married to the mother of the child, he has no obligation to pay support for the child, and has no legal right to custody or visitation with the child, unless he is legally named the father of the child, through an order of filiation or an acknowledgment of paternity.
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When a father is not listed on a birth certificate, it brings both legal and social implications. The absence of the fathers name can significantly affect the childs rights, including inheritance, access to family medical history, and social security benefits, as well as the childs emotional well-being.
Unmarried mothers often have default custody of the child unless the father petitions the court. Unmarried fathers can seek custody or visitation by demonstrating their commitment to the childs well-being and showing that they can provide a safe, nurturing environment.

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