Legal Question in Family Law in New York

Paternity

Our son's ex-girlfriend is now trying to say that he is not the father of their baby. His name is on the birth certificate. We were told that even if a blood test finds that he is not the legal father that he is still considered the legal father because of his name being on the birth certificate. Is this true?


Asked on 2/23/01, 11:53 am

1 Answer from Attorneys

Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Paternity

In the not too distant past the answer would generally be no legal rights and obligations would be incurred by a non biological "father," unless he was a Stepfather living in the household and supporting the child for an extended period.

However, it currently appears that your son may be deemed to be the "legal father" of his ex girlfriend's child, notwithstanding the blood test, even if the parents never lived together, if the mother is "estopped" from denying that your son is the father, in consideration of factors that include but are not limited to: the age of the child, "bonding" issues, child support issues and the whereabouts and knowledge of the actual biological father.

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Answered on 4/06/01, 7:53 pm


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