By: Akanksha A. Panicker
[1.1] EXPLAINING A PATERNITY CASE
It’s easy enough to identify a child’s birth mother, but what about paternity? A child born to parents not married to each other is considered not to have a legal father, unless the biological father signs an ‘Acknowledgement of Paternity.’ This is usually done at the hospital at the time of the child’s birth.
So, what exactly happens?
Voluntary Acknowledgment of Paternity (AOP) is a legal process through which paternity, or legal fatherhood, can be established. The father declares himself to be the child’s father, entering an ‘Order of Filiation’ which essentially is a court order declaring legal parenthood. A petition can be filed in Family Court seeking the same.
Paternity establishment ultimately is just the process of determining the legal father of a child. In New York, unmarried parents can establish paternity by [A.] signing a voluntary Acknowledgment of Paternity form; or [B.]by petitioning a court to determine paternity. The Acknowledgement of Paternity form is available from hospitals, local district child support offices, and local birth registrars.