When a child is born to unmarried parents, the biological father doesn’t automatically have the same legal rights as a married father. Even if everyone agrees on who the father is, legal parentage must be established before the father has enforceable rights.
For unmarried fathers, establishing paternity is often the first step toward a legally recognized relationship between them and their child.
Why establishing paternity matters
When the parents are unmarried, the biological father is not considered the child’s legal father unless paternity has been established through a voluntary acknowledgment or court order. Under New York law, being the biological father and being the legal father aren’t necessarily the same thing.
There are typically two ways to establish legal paternity for a child born to unwed parents:
- Both parents can sign an Acknowledgment of Parentage (AOP). An AOP can be obtained at the hospital where the child was born, from the registrar of vital statistics or through the NY child support website. However, signing an AOP is an important legal decision. Parents should not sign one if there is any uncertainty about biological parentage.
- If the parents can’t or won’t establish parentage voluntarily, a paternity petition can be filed with the court, which will then order DNA testing.
Establishing paternity is about more than determining biological fatherhood. It establishes a legal relationship between a parent and child.
Once parentage is established, a father can seek custody and visitation. The child may also gain important legal and financial rights, including the ability to inherit from the legal father.
At the same time, legal parentage creates responsibilities. A father may become obligated to provide financial support for his child.
For an unmarried father, establishing paternity can be an important first step toward a meaningful and legally protected role in his child’s life.
If you are an unmarried father who wants to establish paternity, it is important to understand your legal options before signing any documents. Discuss your situation with a legal professional who can work with you throughout the process.