New York Acknowledgment of Paternity and Waiver of Trial

State:
Multi-State
Control #:
US-01009BG
Format:
Word; 
Rich Text
Instant download

Description

This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such an acknowledgment in a particular jurisdiction.

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FAQ

If the parties are married, New York presumes the husband of any children of the marriage. This presumption can be rebutted. It is unclear how this long held presumption will develop over time with same sex couples. Paternity can be established by the proper execution of an acknowledgment of paternity.

This is true until the child turns 21 years old. You may use the AOP form that you were given in the hospital where your baby was born. You can also get one from the NYC Department of Health and Mental Hygiene (DOHMH) or the NYC Human Resources Administration (HRA) Office of Child Support Enforcement.

Within sixty days after the signing of the Acknowledgment of Paternity either party may file a petition in a New York Family Court to vacate the acknowledgement.

Statute of Limitations The time to commence a paternity proceeding under Article 5 of the Family Court Act is any time during the pregnancy of the mother, or after the child is born, but not after twenty one years, unless paternity is somehow acknowledged by the father, or he paid support.

An Acknowledgment of Parentage (AOP) Form is given to the birth parent at the New York City hospital when the baby is born. If the form is completed in the hospital at the time of birth, the other parent's name will appear on the baby's birth certificate.

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 ...

If you have signed an Acknowledgement of Paternity and believe it was a mistake, you must file a petition within 60 days of the date it was signed to ask the Court to vacate the Acknowledgement.

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New York Acknowledgment of Paternity and Waiver of Trial