How to Get a DNA Test in New York — and When the Court Can Say No
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When a child is born outside of marriage in New York, paternity is not automatically established. Many fathers — and alleged fathers — face uncertainty about their rights, whether it’s child support, custody, or visitation.
At Gilmer Law Firm, PLLC, our team of experienced Brooklyn family law attorneys has successfully represented fathers and mothers in paternity cases across all five boroughs. We understand the urgency of protecting your parental rights and the complex legal standards surrounding paternity and equitable estoppel.
Requesting a DNA Test in New York Family Court
If you believe you may be a child’s father — and you have not signed an Acknowledgment of Paternity (AOP) — you or the child’s mother can file a petition to establish paternity in Family Court.
In Brooklyn, cases begin at Brooklyn Family Court on Jay Street. Elsewhere, fathers file in their local Family Court in New York City.
At the first hearing:
- If paternity is disputed, the court often orders genetic DNA testing.
- Testing is usually free or low-cost based on income.
- Results are typically available in 2–3 weeks.
If the DNA confirms paternity, the court issues an Order of Filiation, giving you legal status as the child’s father. This allows the court to address custody, visitation, and child support.
When the Court Can Deny DNA Testing – Equitable Estoppel
New York courts can deny DNA testing under equitable estoppel if they believe testing would harm the child’s best interests, particularly by disrupting an existing father-child bond.
Common scenarios include:
- You have acted as the child’s father for years.
- Another man has an established parental role.
- A long delay in asserting your rights risks destabilizing the child’s life.
Case Example – Matter of Carlos O. v. Maria G.
A man believed he was the biological father, but another man had raised the child since birth. The court refused DNA testing to protect the child’s emotional stability.
Case Example – Matter of Santos v. Velasquez
A man waited over four years before seeking paternity. By then, the mother’s husband was raising the child. The court denied testing due to the delay and potential harm to the child.
Why Time Matters in Paternity Cases
In New York, including Brooklyn Family Court, timing is critical. The longer you wait to establish paternity, the greater the risk that the court will block testing.
This is especially true if:
- You’ve had no contact with the child.
- Years have passed before you filed.
- You haven’t provided support or sought involvement.
The Importance of an Order of Filiation
An Order of Filiation formally establishes you as the child’s legal father, granting:
- Rights to custody and visitation.
- A say in education, medical care, and adoption decisions.
- The obligation to pay child support.
- The child’s rights to inheritance, benefits, and Social Security.
Without this order — or a valid AOP — you have no legal parental rights.
Challenging an Acknowledgment of Paternity
If you signed an AOP at the hospital, it’s binding. You have 60 days to contest it. After that, challenges are limited to claims of fraud, duress, or mistake. Even then, a court may deny testing if you’ve acted as the father for too long.
If you have doubts, contact a New York family law attorney immediately to discuss your options.
How Gilmer Law Firm, PLLC Helps
We are a Brooklyn family law firm representing clients in:
- Paternity and filiation proceedings.
- Challenges to Acknowledgments of Paternity.
- Child support cases involving disputed paternity.
- Emergency motions to protect parental rights.
Whether you need a Brooklyn paternity attorney to assert your rights or a New York family law lawyer to defend against paternity claims, we provide strategic advocacy and compassionate guidance.
Serving Brooklyn, New York City & Beyond
From our office in Downtown Brooklyn, we represent clients in:
- Crown Heights
- Bedford-Stuyvesant
- Brownsville
- East Flatbush
- Prospect Heights
- Clinton Hill
- All five boroughs of New York City
Contact a Brooklyn Paternity Lawyer Today
Every day counts in paternity cases. Whether you’re seeking to prove or challenge paternity, we are ready to fight for your rights.
📞 Call 718-864-2011 – Speak with a New York paternity lawyer or Brooklyn family law attorney today.
Gilmer Law Firm, PLLC – Experienced Family Law Representation in Brooklyn, NY
