Acknowledgment of Paternity Form NY

What is an Acknowledgment of Paternity for the Child’s Father?

An Acknowledgment of Paternity (AOP) is a legal document that makes a man the legal father of a child when he is not married to the child’s mother. The document is used to establish legal parentage and is typically signed by both parents at the hospital or birthing center shortly after the child is born.

The AOP form gives the child’s father legal rights, such as those of child custody and visitation, along with legal responsibilities, like paying child support. The form also allows the child’s father to be listed on the birth certificate. However, signing the AOP form does not give a non-biological father and husband these same given rights, like that of custody.

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Eligibility and Requirements

The purpose of an AOP form is to establish rights and responsibilities for parents that are unmarried at the time of the child's birth. This is so the legal father can be identified. If the mother was or is married during the pregnancy, the AOP form cannot be used. In these cases, the mother’s husband is presumed to be the child’s legal father. However, if paternity is in question, different legal steps must be taken to establish it.

The form legally takes effect only when signed by the child’s biological parents, and both parents must be at least 18 years old. This ensures both parties are legally capable of making this decision. Usually, the form is signed at the hospital or birthing center shortly after the child is born. However, it can also be signed later and submitted to the local birth registrar. This gives parents time to make an informed decision.

Through a father signing the AOP form, unmarried parents are able to create a legal relationship between the father and their child. Because of the importance of this established relationship, its signing should be done thoughtfully and with the advice of legal counsel to ensure all required and suggested steps are taken. Note that the AOP form is a voluntary document, and both parents must sign it of their own free will.

Additionally, this form is a crucial document in that it establishes legal parentage and gives the child access to the father’s social security benefits, inheritance, and other rights. In New York, the form also grants the father the right to make medical decisions for the child and the responsibility to provide financial support.

Before signing the form, both parents should have no doubts about who is the biological father, or any other major legal concerns. If there are any doubts, it is recommended to seek legal advice or consider a paternity test before signing. The AOP form can be signed later than the child's birth if necessary, or a paternity case can be brought in Family Court for an Order of Filiation.

Once the AOP form is signed and submitted, it can be used to add the child’s father’s name to the birth certificate, and a new birth certificate will be issued. This new birth certificate is very important for the child’s identity moving forward.

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Acknowledgment of Paternity Process

The original AOP form is usually completed at the hospital or birthing center when the child is born. The parentage form is important to ensure all information is captured clearly and correctly. The form can also be obtained from a local birth registrar or child support office. Both parents must sign the form voluntarily, and there must be two witnesses who are not related to either parent.

Before starting the AOP form, parents need to check if they are eligible to sign it. There are two scenarios that can fit the form signing to establish parentage:

• Unmarried birth parent and alleged parent (one who may be the biological parent of a child born naturally but has not legally declared to be the parent)
• Married or unmarried birth parent and intended parent (one who intends to be legally bound as parent to child through assisted reproduction/sperm donation)

The completed form should be mailed or brought in person to the New York City Department of Health and Mental Hygiene for children born in New York City. Verification of the form is required before it can be processed.

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Paternity and Birth Certificate

As stated above, paternity established through an Acknowledgment of Paternity form allows the child’s father to be added to the birth certificate. A new certificate may be issued to reflect a name change due to paternity or acknowledgment of paternity. The original birth certificate will be filed with the vital records office in the jurisdiction where the child was born, which is usually the nearest Department of Health. For births in NYC, the AOP is mailed to the NYC Department of Health and Mental Hygiene, Corrections Unit. Due to these factors, it is vital to make sure the birth certificate is correct and current.

Summary and Next Steps

Paternity established through an Acknowledgment of Paternity form has legal implications for both parents. The legal father of a child has rights and responsibilities, including the right to seek custody and visitation, and the responsibility of paying financial support to assist the child.

If there are any disputes or issues with paternity, you may need to go to family court to establish legal parentage. Get legal advice from an attorney to understand the legal implications of paternity.

Here at Hannon De Palma, LLC, we believe in focusing on what truly matters -- protecting your rights, using our expertise to create successful outcomes for the entire family, and focusing on creating a future where everyone can thrive. Practicing across Westchester County, Manhattan, Long Island, and Boston, the Hannon De Palma team has decades of experience representing clients in custody and divorce cases. 

Call our office at (914) 444-1900 or fill out a simple, free online consultation form to begin your next chapter.

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