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The judge will ask the man you have identified if he is the father of the child. If he admits that he is, the court will enter an Order of Filiation (Paternity). This order can form the basis for a child support request. If the man denies being the father, the court will order him to take the HLA test.
Who May File a Paternity Petition? The petition may be filed by the childs mother, by a man who believes he is the father of the child, by the child or by the childs guardian.
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
Statute of Limitations The time to commence a paternity proceeding under Article 5 of the Family Court Act is any time during the pregnancy of the mother, or after the child is born, but not after twenty one years, unless paternity is somehow acknowledged by the father, or he paid support.
In New York State, parentage may be established in any of the following ways: Using the voluntary acknowledgment process. Filing a petition with the Family Court to have the court determine either: By a surrogacy agreement or in a record showing the consent of the parents to use assisted reproduction.
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The cost is $45 per person. You will be referred to a state-certified laboratory. A swab is used to take DNA samples from inside the cheeks of the baby and both parents; the test is quick and painless. You do not have to go to the lab the same day as the other parent.
Statute of Limitations The time to commence a paternity proceeding under Article 5 of the Family Court Act is any time during the pregnancy of the mother, or after the child is born, but not after twenty one years, unless paternity is somehow acknowledged by the father, or he paid support.
The way that you will establish paternity will depend on your circumstances. The easiest way to obtain paternity is to have your name put on the childs birth certificate once the child is born. You can also get a court order or have an administrative agency do this for you.

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