Is a father legally obligated to pay child support if he is not named on the birth certificate?
In New York, a father is generally legally obligated to provide financial support for their child, regardless of whether their name is on the birth certificate. Even though many states have adopted the Uniform Parentage Act which grants paternity to biological fathers who are not on the birth certificate, New York relies on common law to recognize paternity. The courts in New York will typically use a combination of evidence to determine paternity and decide if a father is legally responsible for providing financial support to the child. DNA testing is the most reliable method for proving paternity, and New York courts may consider other evidence such as evidence of marriage or paternity affidavits. If the father does not provide financial support for the child, the mother may bring an action against the father in Family Court to establish paternity and require the father to pay financial support. Consequently, when a father is not named on the birth certificate, DNA testing may be required to prove paternity and the father may be held liable for child support until the child is 21 years old.
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