NYS DOH Form 102 is New York’s Acknowledgment of Parentage, the form two parents sign to legally establish parentage without a court case. Once filed with the local registrar, it carries the same legal weight as a court order of parentage, including a duty to support the child. Most parents sign at the hospital right after birth, but you can complete and file it later.
Who Can Sign
Public Health Law § 4135-b limits the form to two situations. The first is an unmarried person who gave birth together with the child’s genetic parent. The second is a person (married or unmarried) who gave birth to a child conceived through assisted reproduction, signing with the intended parent recognized under Family Court Act § 581-303.1New York State Senate. New York State Code PBH 4135-B – Voluntary Acknowledgments of Parentage
Both parties must sign voluntarily. Before anyone signs, the hospital or agency must explain the legal consequences in writing and orally, including that a genetic parent waives the right to a DNA test and a court hearing on parentage.
When Form 102 Cannot Be Used
The acknowledgment is automatically void if, at the time of signing, any of these is true:
- Someone other than the signatories is a presumed parent under Domestic Relations Law § 24 (for example, the birth parent’s spouse).
- A court has already entered a judgment of parentage for the child.
- A different person has already signed a valid Acknowledgment of Parentage for the same child.
- Someone other than the signatories is the child’s parent through assisted reproduction under Family Court Act § 581-303.
If any of these apply, you cannot use Form 102, and establishing parentage will require a family court proceeding instead.
Information You Need to Complete the Form
Both signatories must provide full legal names, dates of birth, current addresses, and Social Security numbers. The statute specifically requires Social Security numbers on the form.
You also need the child’s full name, date of birth, and place of birth (city and county). If you’re signing at the hospital, the facility can usually supply the child’s information from its own records, but bring government-issued ID and your Social Security card to avoid delays.
How to Sign
The signing procedure depends on where you fill out the form.
At the Hospital
When both parents sign at the hospital or birthing center, two witnesses who are not related to the signatory must observe the signing. The hospital coordinates this, and the witnesses are typically staff members, so you generally don’t need to bring anyone with you.
Outside the Hospital
If you complete the form after leaving the hospital, each signatory’s signature must be notarized. A notary public verifies both parties’ identities before the signatures go on the document. Under New York Executive Law § 136, a notary may charge $2 per signature.2New York State Senate. New York State Code EXC 136 – Notarial Fees
Where to File the Completed Form
If you signed at the hospital, the facility files the acknowledgment for you, submitting it to the local registrar along with the certificate of live birth. You don’t have to do anything else at that point.
If you signed after leaving the hospital, mail or hand-deliver the original form to the registrar of the district where the birth certificate is on file. For births in New York City, send the form to:
NYC Department of Health and Mental Hygiene
Corrections Unit, Room 144
125 Worth Street, CN-4
New York, NY 100133NYC311. Parentage Acknowledgment
For births elsewhere in the state, contact the local registrar in the city or town where the birth occurred for the correct address. Do not send the form directly to the State Department of Health in Albany. The local registrar is the correct filing point and forwards copies to the State DOH and the Putative Father Registry.4Hempstead Town, NY. Acknowledgment of Parentage
Once the registrar processes the form, you receive a certified copy by mail. If the original birth certificate did not include the second parent, the State DOH will issue a new one, provided the acknowledgment includes written consent from both signatories to add the name and, if the parents choose, change the child’s surname.
What Signing Commits You To
A filed acknowledgment creates real legal obligations and rights. Read these before signing, not after.
Child Support
Both parents owe a duty of financial support for the child. This obligation has the same force as a court-ordered support determination, so either parent can seek a child support order based on the acknowledgment without first proving parentage in court.
Custody, Visitation, and Adoption Consent
The non-birth parent who signs may use the acknowledgment as the basis for seeking custody or visitation. It can also mean the non-birth parent’s consent is required before the child can be placed for adoption. These rights aren’t automatic; a family court petition is still needed to formalize custody or visitation. The acknowledgment gives the non-birth parent legal standing to file one.
Inheritance
Once the acknowledgment is filed with the registrar of the district where the birth certificate is on file, it establishes the child’s right to inherit from the non-birth parent under the Estates, Powers and Trusts Law. A copy filed only with the Putative Father Registry may support inheritance rights too, but filing with the local registrar is the clearest path.
Changing Your Mind After Signing
Either signatory may rescind the acknowledgment within 60 days of signing, or before the date of any court or administrative proceeding involving the child in which the signatory is a party, whichever comes first.5Office of the Law Revision Counsel. 42 USC 666 – Requirement of Statutorily Prescribed Procedures to Improve Effectiveness of Child Support Enforcement
To rescind within that window, file a petition in family court. The New York court system provides a specific petition form for vacating an acknowledgment of paternity, and you must attach a copy of the signed acknowledgment to the petition.
After 60 days, the bar is much higher. The acknowledgment can only be challenged in court, and only on grounds of fraud, duress, or material mistake of fact. The person challenging bears the burden of proof, and child support obligations are not automatically suspended while the challenge is pending.
Costs
There’s no fee to file Form 102. Related costs are peripheral:
- Notary fee if you sign outside a hospital: capped at $2 per signature.
- Updated birth certificate from the State DOH: $30 per copy by mail; $45 online or by phone, plus a vendor processing fee.6New York State Department of Health. Birth Certificates
- Updated birth certificate from NYC: $15 per certificate plus a processing fee ranging from $2.75 in person to $9.30 online.7NYC Health. Birth and Death Records Fees and Processing Times