New York Instruction to Jury in a Paternity as to the Average Period of Gestation

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The period of gestation is the period between the date of conception and the date of birth of the child. The average period of gestation is about nine months, but this period may vary.

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FAQ

How can parents establish parentage for their child? Filing a petition with the Family Court to have the court determine either: paternity and issue an Order of Filiation, or. parentage and issue a Judgment of Parentage.

An Acknowledgment of Parentage (AOP) Form is given to the birth parent at the New York City hospital when the baby is born. If the form is completed in the hospital at the time of birth, the other parent's name will appear on the baby's birth certificate.

The way that you will establish paternity will depend on your circumstances. The easiest way to obtain paternity is to have your name put on the child's birth certificate once the child is born. You can also get a court order or have an administrative agency do this for you.

Unmarried parents have many of the same rights as married parents. They can claim support, visitation, and custody. However, there are some issues that tend to arise in cases involving unmarried parents more frequently than cases involving married parents.

New York automatically presumes that a father married to the mother at the time of birth is the legal father.

When a child is born to parents who are not married to each other, the biological father is not considered the child's legal parent unless the father has signed an "Acknowledgment of Paternity" (usually done at the hospital at the time of the child's birth) declaring himself to be the child's father, or an "order of ...

However, if a judge orders a paternity test, the mother is legally obligated to comply. Refusing to comply with a court order can result in the mother being held in contempt of court. It's important to seek legal counsel in these situations to understand your rights and obligations.

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New York Instruction to Jury in a Paternity as to the Average Period of Gestation