Establish Parentage

What does it mean to establish parentage?

Establishing parentage is the process of determining the legal parents of a child. Being the legal parent means that you have parental rights and responsibilities to your child, such as the right to seek custody or visitation, the right to receive legal notice of all court proceedings, which include foster care, guardianship, custody, or adoption of the child, and the responsibility for your child's care and support, including financial and medical support. Additionally, the child will be entitled to inherit assets from the father.

Who benefits from establishing parentage?

If parentage is not established for a child born to parents who are not married at the time of birth, the law does not automatically recognize either a genetic or an intended parent as the child's legal parent, and does not give the parent any rights to, or responsibilities for, the child.

How can parents establish parentage for their child?

In New York State, parentage may be established in any of the following ways:

• Using the voluntary acknowledgment process.
• 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.
• By a surrogacy agreement or in a record showing the consent of the parents to use assisted reproduction.

Acknowledgment of Parentage form

An Acknowledgment of Parentage (PDF) (AOP) is a form that parents can use to voluntarily establish legal parentage for a child without having to go to court. Being the legal parent means that you have parental rights and responsibilities to your child, such as the right to seek custody or visitation and the responsibility for your child's care and support, including financial and medical support.

Key terms used

Child

The individual for whom parentage needs to be established.

Alleged Parent

The person who may be the genetic parent of a child conceived naturally (i.e., through sexual intercourse) but who has not yet been legally declared to be the parent.

Intended Parent

As it relates to the Acknowledgment of Parentage (AOP), an intended parent is an individual who intends to be legally bound as the parent of a child resulting from assisted reproduction.

Other Parent

Refers to either the alleged or intended parent.

Putative Father Registry (PFR)

The State registry where Acknowledgments of Parentage, Acknowledgments of Paternity, and Orders of Filiation are maintained. Information in this confidential registry shall be released to a court or authorized agency upon request but shall not be released to any other person without a court order for good cause shown. For more information, go to New York State Office of Children and Family Services (OCFS) (ocfs.ny.gov).

Gamete Donor

The sperm or egg donor.

What does it mean if a child is conceived using assisted reproduction?

The child was conceived by a method other than sexual intercourse, such as:

• intrauterine or vaginal insemination
• donation of gametes
• donation of embryos
• in vitro fertilization and transfer of embryos
• intracytoplasmic sperm injection