Legal Question in Family Law in New York
paternity
my nephew suspects his 3 wk old child is not his yet he is on the childs birth certificate, they are unmarried. is a dna test legal proof enough to get his name off the birth certificate if it is not his child?
Asked on 10/14/08, 10:32 am
1 Answer from Attorneys
Michael Markowitz
Michael A. Markowitz, PC
Re: paternity
Yes, but it is difficult. Since his name is on the birth certificate he is deemed the father even if the DNA demonstrates that the child is not his. However, since the child is only 3 weeks old (compared to 13 years old) he has a better shot at making this happen.
Mike.
Answered on 10/14/08, 1:55 pm