New York Law (NYLE) Practice Exam

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Which statement about establishing paternity of an out-of-wedlock child is true?

Paternity may be established either by an order of filiation or an acknowledgement of paternity.
An acknowledgement of paternity requires DNA testing.
An acknowledgement of paternity is binding after 60 days.
An acknowledgement of paternity has to be witnessed by two people.

The correct answer is: Paternity may be established either by an order of filiation or an acknowledgement of paternity.

Establishing paternity for an out-of-wedlock child can be done through several means, the most common being an order of filiation or an acknowledgment of paternity. When a father voluntarily acknowledges paternity, he is officially recognizing that he is the parent of the child, which can help in resolving issues related to custody, child support, and inheritance rights. This acknowledgment can typically be done at the hospital when the child is born or through a legal document filed with the state. While DNA testing can be used to establish paternity, it is not a requirement for an acknowledgment of paternity to be legally recognized. An acknowledgment of paternity forms do not have to be witnessed by two people, and the binding nature of such acknowledgments is not necessarily defined by a 60-day period in all contexts. Therefore, the statement about the methods available to establish paternity is the most accurate representation of how this process works under New York law.