How to Establish Paternity in New York
Reviewed by DocDraft Legal Team · New York · Last updated 2026-09-12
In New York, establishing paternity means legally identifying a child's father so the child gains rights to support, custody and visitation, health coverage, inheritance, and benefits. Unmarried parents who agree can sign an Acknowledgment of Parentage, Form LDSS-5171, at the hospital after birth or later through a local child support office; a signed acknowledgment has the same force as an order of filiation. Either parent may cancel it within 60 days, the window set by federal law (42 U.S.C. 666(a)(5)). When parents do not agree, a paternity proceeding is filed in Family Court. New York's load-bearing timing rule is generous: under Family Court Act 517, a proceeding to establish paternity may be commenced any time before the child reaches age 21, and even later where paternity has been acknowledged in writing or by the furnishing of support. A child born to a married woman carries a strong presumption of legitimacy that can be overcome only by clear and convincing evidence, and courts may deny genetic testing on equitable estoppel or best-interest grounds. Genetic testing that shows at least a 95 percent probability of paternity creates a rebuttable presumption (Family Court Act 418). Attorney review of your situation is available through DocDraft.
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Where are you in establishing paternity?
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What are the ways to establish paternity in New York?
There are two routes. Unmarried parents who agree can sign an Acknowledgment of Parentage, Form LDSS-5171, at the hospital or a local child support office, which has the same effect as an order of filiation. If parents disagree, either can file a paternity proceeding in Family Court, where the court may order genetic testing.
How long do I have to establish paternity in New York?
Under Family Court Act 517, a proceeding to establish paternity may be brought at any time before the child reaches age 21. It may be started even later where the father has acknowledged paternity in writing or by furnishing support for the child.
What is the marital presumption of paternity in New York?
A child born to a married woman is presumed to be the child of her husband. This presumption of legitimacy is one of the strongest in New York law and can be overcome only by clear and convincing evidence. A court may also refuse genetic testing on equitable estoppel or best-interest grounds.
What genetic-testing result establishes paternity in New York?
Under Family Court Act 418, a genetic marker or DNA test result showing at least a 95 percent probability of paternity creates a rebuttable presumption of paternity. If that presumption is not rebutted, it is sufficient to establish paternity and support liability.
New York paternity law at a glance
New York gives parents an unusually long window to act. Under Family Court Act 517, a proceeding to establish paternity may be commenced any time before the child turns 21, and later still where paternity was acknowledged in writing or by furnishing support. That is well beyond the age-18 cutoff many states use. Unmarried parents who agree skip court entirely by signing an Acknowledgment of Parentage, Form LDSS-5171, which carries the force of an order of filiation once filed. Either signer may cancel it within 60 days under the federal rescission rule. Where a child is born to a married woman, the presumption of legitimacy is strong and can be overcome only by clear and convincing evidence, and a court may deny genetic testing altogether on equitable estoppel or best-interest grounds. Genetic testing showing at least 95 percent probability creates a rebuttable presumption (Family Court Act 418).
Establishing New York paternity when a father comes forward years later
Suppose a child is born in New York to unmarried parents who sign nothing at the hospital. When the child is 12, the mother files a paternity proceeding in Family Court. That is timely: under Family Court Act 517 a proceeding may be commenced any time before the child turns 21. The court orders genetic testing; a result of at least 95 percent probability creates a rebuttable presumption of paternity under Family Court Act 418, and the court enters an order of filiation. Had the parents agreed at the hospital, they could have signed an Acknowledgment of Parentage, Form LDSS-5171, and either could have canceled it within the federal 60-day window. Had the child been born to a married woman, the presumption of legitimacy could be overcome only by clear and convincing evidence. Attorney review is available through DocDraft.
Relevant Laws
N.Y. Family Court Act 517 (time to commence a paternity proceeding)
Provides that a proceeding to establish the paternity of a child may be instituted at any time before the child reaches the age of twenty-one years, and may be instituted after that where paternity has been acknowledged in writing or by the furnishing of support.
N.Y. Family Court Act 418 (genetic-testing probability threshold)
Provides that a genetic marker or DNA test result indicating at least a 95 percent probability of paternity creates a rebuttable presumption of paternity, which if unrebutted establishes the paternity of and liability for the support of the child.
N.Y. Family Court Act 516-a (Acknowledgment of Parentage)
Provides that an acknowledgment of parentage executed by the parents establishes the paternity of a child and has the same force and effect as an order of filiation, subject to a right of either signer to rescind within a limited time.
New York State Office of Temporary and Disability Assistance, Division of Child Support Services
The state child support agency administers the Acknowledgment of Parentage program, Form LDSS-5171, and helps parents establish paternity and obtain support for children born to unmarried parents.
42 U.S.C. 666(a)(5) (federal 60-day rescission window)
Requires each state to provide a 60-day period after a voluntary acknowledgment of paternity is signed during which a signer may rescind it, after which it may be challenged only on the basis of fraud, duress, or material mistake of fact.
Regional Variances
New York paternity rules at a glance
Voluntary path and form
Unmarried parents establish paternity by signing an Acknowledgment of Parentage, Form LDSS-5171, at the hospital or a local child support office. Once filed it has the same force and effect as an order of filiation (N.Y. Family Court Act 516-a).
Cancellation window
Either parent may cancel a signed acknowledgment within 60 days, the window set by federal law (42 U.S.C. 666(a)(5)). After 60 days it can be challenged only for fraud, duress, or material mistake of fact.
Deadline to establish
Under N.Y. Family Court Act 517, a paternity proceeding may be commenced any time before the child turns 21, and later where paternity was acknowledged in writing or by furnishing support.
Marital presumption
A child born to a married woman is presumed the husband's child; that presumption of legitimacy can be overcome only by clear and convincing evidence, and a court may deny genetic testing on equitable estoppel or best-interest grounds.
Genetic-testing threshold
A genetic test result showing at least a 95 percent probability of paternity creates a rebuttable presumption of paternity (N.Y. Family Court Act 418).
Who administers it
The Office of Temporary and Disability Assistance, Division of Child Support Services, and local child support units administer the acknowledgment program; disputed paternity is decided by the Family Court.
Suggested Compliance Checklist
Confirm whether a presumption of legitimacy applies
Before signing or filing anything days after startingDetermine whether the child was born to a married woman, which triggers New York's strong presumption of legitimacy. That presumption can be overcome only by clear and convincing evidence, and a court may deny genetic testing on equitable estoppel or best-interest grounds.
Get genetic testing if biological paternity is uncertain
Before signing an acknowledgment days after startingBecause a signed acknowledgment carries the force of an order of filiation, obtain genetic testing first if there is any doubt. Under N.Y. Family Court Act 418, a result of at least a 95 percent probability creates a rebuttable presumption of paternity.
Sign and file the Acknowledgment of Parentage
At the hospital or a local office days after startingUnmarried parents who agree sign Form LDSS-5171 and file it, giving it the same force as an order of filiation (N.Y. Family Court Act 516-a). Keep a copy. Attorney review of your paternity matter is available through DocDraft.
Track the 60-day cancellation window
Within 60 days of signing days after startingIf you need to cancel a signed acknowledgment, do so within 60 days of signing, the window set by federal law (42 U.S.C. 666(a)(5)). After 60 days it can be challenged only for fraud, duress, or material mistake of fact.
File a paternity proceeding if parents disagree
Before the child turns 21 days after startingIf parents do not agree, file a paternity proceeding in Family Court under N.Y. Family Court Act 517, which allows filing any time before the child turns 21. The court can order genetic testing and enter an order of filiation.
Keep records of the acknowledgment, testing, and orders
Ongoing days after startingSave copies of the signed acknowledgment, any genetic-test results, and Family Court orders, and calendar the 60-day cancellation window and the age-21 outer limit under N.Y. Family Court Act 517 so you do not miss a right-forfeiting date.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Confirm whether a presumption of legitimacy applies | Determine whether the child was born to a married woman, which triggers New York's strong presumption of legitimacy. That presumption can be overcome only by clear and convincing evidence, and a court may deny genetic testing on equitable estoppel or best-interest grounds. | - | Before signing or filing anything |
| Get genetic testing if biological paternity is uncertain | Because a signed acknowledgment carries the force of an order of filiation, obtain genetic testing first if there is any doubt. Under N.Y. Family Court Act 418, a result of at least a 95 percent probability creates a rebuttable presumption of paternity. | - | Before signing an acknowledgment |
| Sign and file the Acknowledgment of Parentage | Unmarried parents who agree sign Form LDSS-5171 and file it, giving it the same force as an order of filiation (N.Y. Family Court Act 516-a). Keep a copy. Attorney review of your paternity matter is available through DocDraft. | - | At the hospital or a local office |
| Track the 60-day cancellation window | If you need to cancel a signed acknowledgment, do so within 60 days of signing, the window set by federal law (42 U.S.C. 666(a)(5)). After 60 days it can be challenged only for fraud, duress, or material mistake of fact. | - | Within 60 days of signing |
| File a paternity proceeding if parents disagree | If parents do not agree, file a paternity proceeding in Family Court under N.Y. Family Court Act 517, which allows filing any time before the child turns 21. The court can order genetic testing and enter an order of filiation. | - | Before the child turns 21 |
| Keep records of the acknowledgment, testing, and orders | Save copies of the signed acknowledgment, any genetic-test results, and Family Court orders, and calendar the 60-day cancellation window and the age-21 outer limit under N.Y. Family Court Act 517 so you do not miss a right-forfeiting date. | - | Ongoing |
Frequently Asked Questions
Establishing paternity in New York means legally identifying a child's father so the child can receive support, custody and visitation, health coverage, inheritance, and benefits. It can be done by signing an Acknowledgment of Parentage or through a paternity proceeding in Family Court that determines the parent-child relationship.
Unmarried parents who agree sign an Acknowledgment of Parentage, Form LDSS-5171, which has the same effect as an order of filiation once filed. If parents disagree, either can file a paternity proceeding in Family Court under Family Court Act 517, and the court may order genetic testing before deciding.
It is a form, LDSS-5171, that unmarried parents sign to establish a legal parent-child relationship without going to court. Once signed and filed with the state it has the same force and effect as an order of filiation and creates the parent's rights and support duties.
Under Family Court Act 517, a paternity proceeding must generally be commenced before the child turns 21. If that window passes, a court action to establish paternity is generally time-barred, unless the father acknowledged paternity in writing or by furnishing support for the child.
Yes, within a limited window. Either parent may cancel a signed Acknowledgment of Parentage within 60 days of signing, the window set by federal law. After 60 days it can be challenged only for fraud, duress, or a material mistake of fact.
A child born to a married woman is presumed to be the husband's child, and that presumption of legitimacy can be overcome only by clear and convincing evidence. A court may also refuse to order genetic testing on equitable estoppel or best-interest grounds, weighing the child's interests.
A DNA test is central but not automatically conclusive. Under Family Court Act 418, a result showing at least a 95 percent probability of paternity creates a rebuttable presumption. If it is not rebutted, it is sufficient to establish paternity and the corresponding support liability.
The New York State Office of Temporary and Disability Assistance, through its Division of Child Support Services and local child support units, administers the Acknowledgment of Parentage and can help establish paternity and support. Contested paternity is decided by the Family Court, which may order genetic testing.
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