Parentage Determination Lawsuit: Procedure and Evidence Preparation

A parentage lawsuit in New York may be initiated by:

• The child (minor or adult)
• The child's legal guardian or custodian
• The New York City Human Resources Administration (if public assistance is involved)

The respondent is typically the alleged biological parent (father or mother). If the alleged parent is deceased, the petitioner may file against the estate or the District Attorney, depending on circumstances. If the biological parent died more than two years prior, the claim may be time-barred under New York’s statute of limitations unless fraud or concealment can be proven.

Key documents include:

• Verified petition for parentage determination
• Certified copies of the child's birth certificate
• Copies of any previous court orders involving custody or support
• DNA test results, if already obtained

Supporting affidavits and witness statements may also be submitted to bolster the petition.

Under New York Family Court Act § 517, the petition should be filed in the Family Court of the county where the child or respondent resides. If the respondent is deceased, the last known address or the decedent’s estate location determines jurisdiction.

Once filed, the court schedules a hearing. If the alleged parent denies parentage, the court may order a genetic marker test. According to Family Court Act § 532, refusal to comply with a court-ordered DNA test may result in the court presuming parentage.

After examining the evidence, the judge will issue a ruling. A judgment affirming parentage confers all legal rights of a child, including inheritance rights under Estates, Powers and Trusts Law (EPTL) § 4-1.2.

If the court confirms parentage, the petitioner must file the judgment with the local registrar to amend the child’s birth certificate. This must be done within a reasonable period, typically within 30 days. Failure to do so may delay enforcement of rights such as child support or inheritance.

DNA testing is the most authoritative form of evidence in New York parentage actions. Courts regularly rely on the results of legally administered buccal swab tests conducted by certified laboratories. A 99% or higher probability of paternity is typically sufficient for a presumption of parentage.

In cases where the alleged parent is deceased or unavailable for testing, the court may allow circumstantial or documentary evidence. The following types of indirect evidence can support the petition:

• Letters, cards, or messages acknowledging the child as their own
• Photographs depicting the alleged parent-child relationship
• Medical or school records naming the parent
• Records of financial support (e.g., regular transfers, gifts, insurance policies)

Although not conclusive, these forms of evidence can collectively establish a compelling case when DNA testing is not feasible.

For minors, the statute of limitations does not begin to run until reaching the age of majority (18). However, for deceased respondents, New York generally requires filing within 2 years of death unless otherwise excused.

Given the sensitive nature of parentage cases and potential resistance from the respondent or family, having a clear litigation plan and evidentiary checklist is essential. Petitioners should anticipate denial of claims and prepare expert testimony or affidavits accordingly.