Legal Question in Discrimination Law in New York

16 yr old with 21 yr old

My friend wants to know what could happen with her ex-bf if she has him sign the birthcertificate?Like He thinks that he is going to get arrested bc of the age, I can understand that. But I was told if she just denies every being with him and denies the paternity test he can't go to jail. is this correct? are there other ways they can arrest him for being the father? is there anything I should know to tell her?


Asked on 3/04/07, 8:40 pm

1 Answer from Attorneys

Carlos Gonzalez Gonzalez Legal Associates PLLC

Re: 16 yr old with 21 yr old

The act of a 21 year old being with a 16 year old is illegal in the state of new york, the age for sexual consent in NY state is 17. Any evidence of any sexual act with any person under the age of 17 is sufficient cause for an arrest, however there generally must be a complaint prior to any action by the police, the act of him signing the birth certificate alone does not suffice for there to be an immediate police action... The parents of the minor also may consent to the marriage, sexual act, or pregnancy and this would clear up the situation for you without any problems... realistically though, the problem is that most parents would not consent to such a thing...

if you have any further questions feel free to contact my office at the email address provided below.

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Answered on 3/17/07, 9:51 am


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