In the state of New York can a father ask for a dna test after child is 5 years old even if he signed birth certifcate

Asked over 1 year ago - New York, NY

for child support

Attorney answers (3)

  1. Jeffrey Bruce Gold


    Contributor Level 19


    Lawyers agree

    Answered . In NY, if the father has a relationship with the child and signed the birth certificate, he's the father and will not be able to disclaim being the father of a five year old, even if the dna test came back negative. There is a Court of Appeals case directly on point.

    If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore,... more
  2. Maria C. Tebano

    Contributor Level 15


    Lawyers agree

    Answered . The father can always request a DNA test, but once an acknowledgement of paternity is signed, then you cannot claim that the child is not yours. This should have been taken care of at the time the child was born.

  3. Frank Stephen Ieraci

    Contributor Level 11

    Answered . If you signed an acknowledgment of paternity, your ability to set it aside after five years is very limited. Also, if you have a relationship with the child and the child thinks of you as the father, you will probably be prevented from going forward, and the court will not even order the DNA testing.

    This anawer is not intended to create an attorney-client relationship and may be considered attorney advertising.... more

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