Acknowledgment of Paternity Form NY

Last updated October 11, 2026. About New York law.

In New York, an Acknowledgment of Paternity (now officially called an Acknowledgment of Parentage) is a voluntary form that unmarried parents sign to make a parent the child’s legal parent without going to court. Once signed, witnessed and filed, it has the same force as a court order of parentage (Public Health Law § 4135-b; Family Court Act § 516-a).

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.

Since 2021, New York’s form is officially called the Acknowledgment of Parentage, although most people still search for it as the Acknowledgment of Paternity. Under Public Health Law § 4135-b, a signed acknowledgment establishes the parentage of the child and has the same force and effect as a court order of parentage.

The AOP form gives the child’s father legal rights, such as the right to seek 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.

Eligibility and Requirements: Who Can Sign?

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 both parents. 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 by their own choice.

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.

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.

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.

Can You Cancel an Acknowledgment of Paternity in New York?

Yes, but only for a short time. In New York, a parent who signed at 18 or older may ask Family Court to vacate the acknowledgment within 60 days of signing, or by the date an answer is due in a court case about the child, whichever comes first (Family Court Act § 516-a). After that, the grounds are narrow.

When a timely petition is filed, the court orders genetic marker or DNA tests. If the test confirms parentage, the court enters an order of parentage. If it does not, the acknowledgment is vacated. The court will not order testing if it finds in writing that testing is not in the best interests of the child, for example because of equitable estoppel, meaning the child has come to rely on the parent and child relationship.

Two more points matter in New York. First, a parent’s duties under the acknowledgment, including child support, are not put on hold while a challenge is pending unless the court finds good cause. Second, an acknowledgment is void from the start in certain cases, such as when another person is already the child’s presumed parent or a court has already decided parentage.

How Do You Establish Paternity in New York Without the Form?

In New York, paternity can be established in two ways: by a signed Acknowledgment of Paternity, or by a court case. When the form cannot be used or one parent will not sign, either side may file a paternity petition in Family Court, and the court can order genetic marker or DNA tests (Family Court Act § 532).

1. A paternity petition is filed in Family Court. It may be filed during the pregnancy or after the birth, and generally not after the child turns 21 (Family Court Act § 517).
2. The court advises both sides of the right to genetic marker or DNA testing and may order the tests.
3. A test result showing at least a 95 percent probability of paternity creates a presumption of paternity that the other side may try to rebut.
4. If the court finds paternity, it issues an order of filiation (Family Court Act § 542).

An order of filiation and a filed acknowledgment have the same legal weight. Either one opens the door to a child support order and to a petition for custody or visitation. Our guide to what to expect in Family Court in New York explains how those hearings work.

When Does an Attorney Matter?

An attorney matters most before the form is signed if there is any doubt about who the biological father is, and right after signing if a parent wants to undo it, because the 60 day window in New York is short. An attorney is also useful when the mother was married, when one parent was under 18, or when a child support or custody case has already been started. A child custody lawyer or child support lawyer can explain what the acknowledgment will mean in those cases.

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.

Call our office at (914) 444-2333 or fill out a simple online consultation form to begin your next chapter.

This article is general information about New York law, not legal advice about your situation. Laws, court fees and guideline figures change; the date above shows when it was last checked.