Parentage FAQ
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A birth parent and their spouse used assisted reproduction to conceive. Can they sign an Acknowledgment of Parentage (AOP)?
Yes. Parents who conceive using assisted reproduction (for example, by artificial insemination, in vitro fertilization, etc.) may choose to sign an AOP; however, it is not required to establish parentage. A child born to married parents is presumed to be the child of both parents. In addition, a record showing your mutual consent to conceive and parent a child using assisted reproduction is sufficient to establish your legal parentage for the child.A birth parent and intended parent are not married, and they used assisted reproduction to conceive using sperm from a donor. Can they sign the AOP?
Yes. Parents who conceive using assisted reproduction may choose to sign an AOP to establish parentage, even if one or both of the parents are not genetically related to the child (i.e., the birth parents used a donated embryo, egg, or sperm). A record showing the parents' mutual consent to conceive and parent a child using assisted reproduction is also sufficient to establish their legal parentage for the child.A child was born to a surrogate. Can the parents sign an AOP?
No, the AOP cannot be used if the child was born by surrogacy.Can parents sign an AOP to establish parentage for a child conceived using assisted reproduction instead of going through a second-parent adoption?
Yes. Signing an AOP has the same force and effect as a court determination of parentage and eliminates the need for a second-parent adoption.If parents sign an AOP in New York, will it be recognized in other states?
Yes.Can the New York State (NYS) AOP form be used by any NYS resident?
No, only those whose children were born in NYS.If the birth parent of a child conceived naturally is legally separated at the time of birth, can they sign an AOP?
No, the birth parent of a child conceived naturally cannot be married at any time during the pregnancy or at the time of birth.If we complete our AOP after leaving the hospital, where do we mail it?
If you did NOT sign the AOP at a hospital, you must mail or take the original AOP to the registrar of the district where the birth certificate is filed.- For births that took place in New York City, mail or take the original AOP to the registrar at the New York City Department of Health and Mental Hygiene, Office of Vital Records, Attention: Corrections Unit Room 144, 125 Worth Street CN-4, New York, NY 10013-4089.
- For births that took place outside New York City, mail or take the original AOP to the registrar of the city/town/village where the birth certificate is filed. The registrar will mail you a certified copy of the Acknowledgment of Parentage and will file a copy of the Acknowledgment of Parentage with the Putative Father Registry.
How do we obtain a replacement copy of our AOP?
To request an AOP from any locality other than New York City, send a letter by fax or mail to the New York State Department of Health (NYS DOH). Your letter must include the child's name, date of birth, city of birth, parent's names, and an explanation as to why you need a copy, as well as the name and address to whom the copy should be mailed.
518-486-7525 (fax)
NYS DOHAmendment Unit
800 North Pearl Street
Menands, NY 12204
To request a copy from New York City, complete this form (PDF) and place your request by mail:
Office of Vital Records
125 Worth Street, CN4, Room 119
New York, NY 10013
I requested a copy of an AOP but have not received it yet. How can I find out the status of my request?
Copies of AOPs are maintained based on the location of the child's birth.- For births that took place in New York City, an AOP copy request would have been made to the New York City Department of Health and Mental Hygiene. Please visit their website (https://www.nyc.gov/site/doh/services/birth-death-records.page) for processing times and contact information.
- For births that took place outside of New York City, an AOP copy request would have been made to the New York State Department of Health (NYS DOH). Please visit their website (https://www.health.ny.gov/vital_records/birth.htm) for processing times and contact information.