Can I claim paternity of my daughter after the paternity has already been acknowledged by someone else?
Full Question:
I want to acknowledge paternity to my child born out of wedlock. Now I came to know that my daughter was already acknowledged by someone else and has obtained an order of filiation. Can I claim paternity under New York law?
12/23/2016 |
Category: Paternity ยป Acknowledgment |
State: New York |
#28693
Answer:
(a) Intervention as of right. Upon timely motion, any person shall be permitted to intervene in any action:
1. when a statute of the state confers an absolute right to intervene; or
2. when the representation of the person's interest by the parties is or may be inadequate and the person is or may be bound by the judgment; or
3. when the action involves the disposition or distribution of, or the title or a claim for damages for injury to, property and the person may be affected adversely by the judgment.
* * *
In Tyrone G. v. Fifi N., the New York court held that an unwed biological father of a child born out of wedlock has a right to claim paternity in a separate and independent proceeding. Further, the court held that an order of filiation is not a bar to a claim of paternity in which the biological father was not a party. Additionally, the Family Court may at its discretion grant intervention if it is identifed that the person seeking intervention has a legitimate claim to parenthood.[1]
[1] Tyrone G. v. Fifi N., 189 A.D.2d 8, 15 (N.Y. App. Div. 1st Dep't 1993)
