When a child is born outside of marriage, establishing legal fatherhood is not automatic in New York. At the Gilmer Law Firm, PLLC, based in downtown Brooklyn, we often assist parents—especially fathers—who are uncertain about their rights, obligations, or next steps when it comes to establishing paternity. One of the most common questions we receive is:
“Can I request a DNA test? Can the court deny it?”
This guide will walk you through the answers and help you make an informed decision—especially if you’ve been asked to sign an Acknowledgment of Paternity.
How Do I Get a DNA Test?
If you haven’t signed an Acknowledgment of Paternity, you—or the child’s mother—can file a paternity petition in Kings County Family Court or the local court in your jurisdiction.
At the first hearing:
- If the alleged father denies paternity, the court will usually order a genetic marker (DNA) test of the child, mother, and alleged father.
- The court provides an appointment date for lab testing at no cost for low-income petitioners.
Once the results are returned, they are reviewed in court:
- If the man is confirmed to be the father, the court enters an Order of Filiation—a legal judgment of paternity.
- Once paternity is established, the court can also issue orders for child support, custody, or visitation.
Can the Court Deny a DNA Test?
Yes—under specific circumstances, the court can deny your request for a DNA test.
New York courts apply a legal principle called equitable estoppel, which protects the child’s best interests. If you haven’t acted as the child’s father—by providing financial support, forming a bond, or holding yourself out as the parent—you may be estopped (prevented) from denying paternity, even if DNA suggests otherwise.
What If You Wait Too Long?
Time is critical. If another man steps into the child’s life and builds a parental relationship, and you wait too long to assert your rights, you may lose your chance to request a DNA test due to equitable estoppel.
This is especially important for men who do not sign an Acknowledgment of Paternity and fail to file a petition to establish paternity.
Why Is an Order of Filiation Important?
An Order of Filiation grants a man:
- Legal recognition as the child’s father;
- The ability to request custody or visitation;
- The obligation to pay child support;
- A say in adoption proceedings;
- The child’s right to inheritance and benefits
Without this order (or an AOP), you do not have parental rights, and the mother is not entitled to support from you.
Need Help in a Brooklyn Paternity Case?
At the Gilmer Law Firm, PLLC, we represent mothers, fathers, and alleged fathers in paternity cases throughout Brooklyn and New York City. Whether you’re seeking to establish your parental rights, respond to a paternity petition, or challenge an AOP, we are here to protect your rights and advocate for the best interests of your child.
