Legal Question in Family Law in New York
establish paternity
Can an unwed father whose ex fiancee wants him to give up his rights establish paternity before the baby is born so that his name will be on the birth certificate.
Asked on 1/24/08, 8:18 pm
1 Answer from Attorneys
Michael Markowitz
Michael A. Markowitz, PC
Re: establish paternity
Based on limited research, I think the answer is yes. My answer is based on Doe v. New York City Bd. of Health, 782 N.Y.S.2d 180 (2004) which holds that Family Court had jurisdiction to consider putative biological father's request for pre-birth declaration that he was parent of triplets carried by gestational surrogate since the Family Court has exclusive original jurisdiction over proceedings to establish paternity.
You must file a petition with the Family Court for an an order of filiation.
Mike.
Answered on 1/25/08, 7:41 am
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