Paternity

Paternity

Although every child has a biological mother and father, if the child is born out of wedlock, then they do not have a legal father. This can be extremely problematic for fathers who wish to maintain an active role in their child's life. A biological father who has not been established as a child's legal father technically has no rights or responsibilities when it comes to the child in question.

Paternity establishment refers to the process of determining the legal father of a child. When a child is born to unmarried parents, the child has no legal father. In New York, unmarried parents can establish paternity in two ways:
  1. by signing a voluntary Acknowledgment of Paternity form; or
  2. by petitioning a court to determine paternity.
Parental rights once paternity is established

Once paternity is established, the child can enjoy the same rights and benefits that are afforded to children born to married parents. There are many emotional and financial benefits to establishing paternity for all involved, some of which include:

  • the child can know that both parents care about him or her,
  • the father’s name will be on the birth certificate,
  • the child may receive medical or life insurance from either of their parents,
  • the mother and child can obtain information about the father’s family medical history, and
  • financial support from both parents such as Social Security, veterans benefits, child support, and inheritance rights.

Mothers' rights

Mothers receive numerous benefits from establishing paternity, they can get help with child care if the father lives in the area, they can obtain information about the father’s medical history, their financial security can improve, and they may be able to get medical insurance for the child if it’s available.

Fathers' rights

For fathers, once paternity is established their parental rights are made official, their name can be on their child’s birth certificate, they gain the right to seek court ordered custody and visitation, and they have the right to have a say in adoption proceedings.
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