What Is an Acknowledgment of Paternity?
An Acknowledgment of Paternity (AOP) is a voluntary legal document signed by unmarried parents to officially establish the child’s legal father. It’s often presented for signature at the hospital when the child is born. Both parents must sign the form voluntarily. Once it is properly executed and filed, it has the same legal effect as a court order of filiation.
Who Can (and Can’t) Sign?
You can sign an AOP if:
– You are not married to anyone else during the pregnancy or at birth.
– You both believe the man signing is the child’s only possible father.
Do NOT sign if:
– The mother was married during the pregnancy or birth.
– There is more than one possible father.
– You have any doubt about paternity.
Always speak to a lawyer before signing. Gilmer Law Firm, PLLC can help you decide if it’s in your best interest.
Legal Consequences of Signing
– Waives right to a hearing and DNA testing
– Establishes legal fatherhood
– Confers rights to custody and visitation
– Creates a support obligation
– Impacts inheritance and adoption rights
What Happens After Signing?
If signed at the hospital, the AOP is filed with the local registrar and relevant agencies, and parents will receive certified copies.
If signed later, it must be manually filed with the NYC Department of Health or local registrar.
What If You Don’t Sign?
– Father not on birth certificate
– No support obligation or visitation rights
– Must file paternity petition to establish rights
– Without paternity finding, custody or visitation petition cannot proceed
– Delay in filing can result in another man being recognized as legal father under equitable estoppel
Challenging or Withdrawing an Acknowledgment
– Must petition to vacate within 60 days of signing or court involvement
– After that, can only challenge based on fraud, duress, or mistake
– Courts may order DNA testing unless it harms the child’s best interests
The Putative Father Registry
Tracks men who sign AOPs or are legally declared fathers. Crucial for adoption notification rights.
Why Establishing Paternity Matters
Benefits for the child:
– Support, inheritance, identity, access to medical history
Benefits for parents:
– Financial support and legal clarity
Brooklyn Family Court Paternity Cases
Unresolved paternity must be established in Kings County Family Court. Genetic testing and legal representation may be available.
Final Thoughts
Before signing:
– Are you certain of paternity?
– Understand your legal obligations
