LDSS4418
(Rev. 8/98)
NEW YORK STATE DEPARTMENT OF HEALTH
NEW YORK STATE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE
NOTICE REGARDING YOUR LEGAL RIGHTS AND THE CONSEQUENCES OF
SIGNING AN ACKNOWLEDGMENT OF PATERNITY
This notice is to help you decide whether or not you wish to sign an Acknowledgment of Paternity. An Acknowledgment
provides you with a way to legally establish paternity for your child. New York Law says that you must receive oral and
written notice of your legal rights and the consequences of signing an Acknowledgment of Paternity. Before signing an
Acknowledgment of Paternity, PLEASE READ the following information.
WHAT YOU SHOULD CONSIDER BEFORE SIGNING AN ACKNOWLEDGMENT OF PATERNITY:
YOU MAY NOT SIGN AN ACKNOWLEDGMENT OF PATERNITY IF:
· The mother was married at any time during the pregnancy or when the child was born because her husband (or former
husband) is considered the legal father of the child unless a court determines otherwise; or
· The mother is unmarried and more than one man could be the father of the child; or
· The child is not yet born. You may only sign an Acknowledgment of Paternity after the birth of the child.
You may wish to speak to a lawyer before signing an Acknowledgment of Paternity. You have a right to seek legal
representation and supportive services including counseling. Hospital staff are prepared to speak to you about questions you
may have regarding establishing paternity. Hospital staff will also provide you with the telephone number of the support
collection unit to answer questions you may have regarding the Acknowledgment of Paternity or establishing paternity.
WHAT IT MEANS IF YOU SIGN AN ACKNOWLEDGMENT OF PATERNITY:
An Acknowledgment of Paternity signed by both the mother and the father will legally establish who the child’s father is. An
Acknowledgment of Paternity will have the same force and effect as a court order establishing paternity for the child. It will
eliminate the need to have a family court hearing to decide who the child’s father is and will establish the duty of both parents
to provide support for the child which may be retroactive to the birth of the child.
When a man signs an Acknowledgment of Paternity, he waives his right to a court hearing to determine if he is the father of the
child.
Signing an Acknowledgment of Paternity may be the basis for the father to establish custody and visitation rights to the child,
and may also be the basis for requiring his consent prior to an adoption proceeding.
When an Acknowledgment of Paternity is filed with the birth registrar in the district where the birth certificate is filed it will
establish the child’s right to inheritance from the father. Filing the Acknowledgment with the Putative Father Registry may
establish the child’s right to inheritance from the father. The Putative Father Registry is the state registry which maintains a
record of the name and address of persons who acknowledge paternity or who have been determined by a court to be the father
of a child born out of wedlock. The Putative Father Registry may only release the name and address of such persons upon
request to a court or authorized agency or to another person but only by order of a court.
The child may have the last name of either parent, a combination of last names, or any other last name the parents agree on.
The choice of name will not affect the legal status of the child. Please indicate on the Acknowledgment of Paternity the child's
full name as it appears on the birth certificate. If the birth certificate was already filed and you wish to change the child’s name
enter both the name as it appears on the birth certificate and the new name.
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