What is the statute of limitations for challenging paternity?
In New York, the statute of limitations for challenging paternity is four years. This means that either party to the dispute can bring a legal action to challenge paternity within four years of the child’s birth. The law does allow for an exception to this rule, if the action was brought within two years of the child reaching the age of majority (18). The statute of limitations is meant to ensure that the paternity of a child is not disputed too late. Paternity is an important legal concept as it determines familial relationships and allows for rights to be exercised by the parents and child such as inheritance, social security benefits, and other familial benefits. In the state of New York, paternity is typically established when the father signs an acknowledgement of paternity, a process managed by the state government. This acknowledgement of paternity can be challenged, but only within the four-year statute of limitations. If there is a dispute regarding paternity and the statute of limitations has expired, legal action can no longer be taken to challenge the paternity.
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