The act by which illegitimate children are given the same legal standing of legitimate children is a matter of local legislation, and therefore depends on the law of each particular jurisdiction. Although some statutes provide for the legitimation of children by conduct amounting to recognition, other statutes require that the recognition of an illegitimate child be in writing. Note that this form is an acknowledgment and not an affidavit.
New York Acknowledgment of Paternity
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US-01484BG
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How to fill out Acknowledgment Of Paternity?
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FAQ
In New York State, people have the right to adopt or use any name they wish by using that name for everything in their life. Government agencies will accept a name change with a court order.
A court order will be required in order to make any changes to the record. Normally an attorney is needed for this type of action. If the mother was married to another man during the child's conception or birth and there is no father listed on the child's certificate, a three-way paternity affidavit can be filled out.
Go to Family Court or New York State Supreme Court and ask for an Order of Parentage/ Filiation. Also, request that the city, state, date of birth and sex of the parent to be added are specified on the Order of Parentage/Filiation. There is no $40 correction fee to add the biological father.
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.
If the parties are married, New York presumes the husband of any children of the marriage. This presumption can be rebutted. It is unclear how this long held presumption will develop over time with same sex couples. Paternity can be established by the proper execution of an acknowledgment of paternity.
How to Correct a "Mistake" If you were born within the five boroughs of New York City, contact the Department of Health, Office of Vital Records at 212-639-9675 or 311 or email correctionsunit2@health.nyc.gov.
This is true until the child turns 21 years old. You may use the AOP form that you were given in the hospital where your baby was born. You can also get one from the NYC Department of Health and Mental Hygiene (DOHMH) or the NYC Human Resources Administration (HRA) Office of Child Support Enforcement.