Men married to women who give birth are automatically granted paternity under the law. Hospitals generally include a man on a child’s birth certificate if they are married to the mother at the time of the birth or were married to her at the time of conception.
Unmarried fathers also have legal rights. However, an unmarried father generally needs to affirm his parental relationship with the state of New York before he can ask for visitation or shared custody. Establishing parentage or paternity allows a man to seek a fair share of parental rights and responsibilities.
What does the process of establishing paternity usually involve?
Cooperating with the mother
Unmarried parents can work cooperatively to establish the father’s parentage. By jointly executing an Acknowledgment of Parentage form, the parents can arrange to have the father’s name included on the birth certificate or added to an existing birth certificate. So long as there is no controversy regarding the man’s paternity, the parents can work together to ensure the state includes him on the birth certificate.
Going to court
In scenarios where there is uncertainty about paternity or where a mother refuses to acknowledge a father, he may need to take the matter to court. The family courts have the authority to order DNA testing. Provided that the results of those tests validate the man’s claim of parentage, the state can then add his name to the birth certificate.
Once a father establishes paternity, he has the same rights and responsibilities as any other parent under the law. Understanding what it takes to navigate the family law system to establish paternity can help men better ensure their involvement in their children’s upbringing.