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Mothers generally cannot decline to present a child for paternity testing and have to abide by the determination of the courts in a paternity case. If the testing affirms a man's claim that he is the father of the child, the state can acknowledge his paternity and have his name added to the birth certificate.

Although a mother can refuse a peace of mind paternity test, the mother's permission is not needed to carry out such a test, provided her DNA is not being submitted for testing and the potential father has parental responsibility for any child being tested.

A: A mother generally cannot refuse a paternity test in New York. Both the mother and the father have an equal right to a DNA test, and in most cases, the test will commence even if only one parent agrees to it. There are, however, some exceptions to this. One of the most commonly used exceptions is equitable estoppel.

The paternity affidavit can be completed by the biological parents of the child at any time after the child is born — there is no age limit to establish paternity through a paternity affidavit.

If the mother refuses to establish or allow you to establish paternity, you will need to go to court and get a court order. Keep in mind that a judge is not obligated to order a paternity test. Best course of action, if you have not done so already, is to hire a lawyer that is familiar with these types of cases.

Biological parents who want to establish their child's legal rights to his or her father can voluntarily establish paternity with an Acknowledgment of Paternity (AOP).

To request a certified copy of the VAP, complete and follow the instructions on the HFS 3416H, Request for a Certified copy of the Voluntary Acknowledgment of Paternity and/or Denial of Parentage. This form can also be found on the HFS website provided above.

A: Parents have until the child turns 21 years old to establish paternity in New York. Paternity can be established at any time during pregnancy or after the child is born, just not once the child turns 21.

You may add the father's name at any time in the future if the father is willing to sign a paternity affidavit. Contact the Oregon Vital Statistics Office at 503-731-4495. If the father wants to be listed, but you do not want him on the certificate, you may leave the father information blank.