Sometimes men and women find themselves in situations where a woman becomes
pregnant and there is uncertainty about
paternity – and this applies to both married and unmarried individuals.
A married woman may have separated from her husband, but continued sleeping
with him and started a fling with her coworker. When she became pregnant,
she asked herself, “Who’s the father, my husband or my friend
A couple going through a
divorce may discover that the wife is pregnant and even though the wife is 100%
certain her husband is the father because he’s the only man in her
life, the husband may have his doubts.
Note: If a mother is married while a baby is conceived and born, her husband
is automatically the child’s legal father, even if he’s not
the child’s biological father. The only way around this is for a
paternity action to be started and for the court to order a DNA test.
When Single People Are Uncertain
A single woman may be dating two men at once. When she becomes pregnant,
she tries to do the math in her head and she “thinks” she
knows who is the baby’s father, but she’s not confident about it.
Or, a single woman may be sure of who the father is because she knows the
timeline of her encounters, but the alleged father wants to be certain
he is the child’s biological father before he signs an
Acknowledgement of Paternity (AOP) form.
Paying child support for 21 years is a long time, and it makes sense why
an alleged father would want to be sure before he makes such a huge commitment.
Please be aware that the AOP form can only be filed by unmarried parents
in New York.
Who Can File a Paternity Action?
A paternity action can be filed by the child’s mother, the man who
is being told he’s the child’s father, the man who believes
he is the child’s father, by the woman’s husband who is not
sure he’s the child’s biological father, by the child, or
by a child’s legal guardian.
If the parties are not married, the court is not authorized to issue orders for
child custody, or visitation until paternity has been established. Because of this,
DNA testing is recommended whenever either party has any doubt about who
the child’s biological father is. Fortunately, genetic testing can
resolve these doubts.
Information for Unmarried Fathers in New York
For legal assistance in a paternity action,
contact Jason M. Barbara & Associates, P.C.