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People also ask
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Does a birth certificate establish paternity in NY?
If a child is born to a married couple, the husband is presumed to be the child's father. If the couple is not married, there are steps that must be taken to establish paternity. The father can acknowledge paternity by signing an acknowledgement of paternity form or signing the birth certificate.
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Can a mother refuse a paternity test in NY?
A: A mother generally cannot refuse a paternity test in New York. Both the mother and the father have an equal right to a DNA test, and in most cases, the test will commence even if only one parent agrees to it. There are, however, some exceptions to this. One of the most commonly used exceptions is equitable estoppel.
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What is an acknowledgement of paternity in NY?
An Acknowledgment of Parentage that has been voluntarily signed by both parents has the same legal force and effect as a court order determining the child's legal parentage and establishes the duty of both parents to provide support for the child.
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What is the paternity law in NY?
When a child is born to parents who are not married to each other, the biological father is not considered the child's legal parent unless the father has signed an "Acknowledgment of Paternity" (usually done at the hospital at the time of the child's birth) declaring himself to be the child's father, or an "order of ...
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What is presumption of paternity in NY?
New York automatically presumes that a father married to the mother at the time of birth is the legal father. This can sometimes raise issues if the child is not actually the husband's biological child. However, paternity issues more often arise when parents are unmarried at the time of birth.
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How to get a copy of acknowledgement of paternity in NY?
You can request a paper copy by phone. Call 311 or 212-NEW-YORK (212-639-9675) for help. These applications are not processed on the same day. You will receive a copy of the AOP within two weeks.
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What is a declaration of paternity form in California?
The Declaration of Paternity (CS 909) form is only to be used by unmarried couples to establish the paternal relationship with the child. You must use the official triplicate form (photocopies are not acceptable) that is available through local child support agencies.
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Does signing a birth certificate establish paternity in NY?
If a child is born to a married couple, the husband is presumed to be the child's father. If the couple is not married, there are steps that must be taken to establish paternity. The father can acknowledge paternity by signing an acknowledgement of paternity form or signing the birth certificate.
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