Written by attorney Mary Katherine Brown

What if I am not the father of a child after I already acknowledged paternity in New York?

In New York, a revocation of claim to paternity is controlled by Soc. Serv. Law § 372-c, which says that a person who has filed a notice of intent to claim paternity may at any time revoke a notice of intent to claim paternity previously filed and, upon receipt of such notification by the registry, the revoked notice of intent to claim paternity shall be deemed a nullity nunc pro tunc.

In other words, if you’ve made a mistake, it can be fixed. Once paternity has been established either by presumption or by acknowledgement, you’ll need to provide proof to the court that there has been a mistake. DNA evidence will be sufficient.

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