How to Get a Court-Ordered Paternity Test in NY

To get a court-ordered paternity test in New York, file a paternity petition in Family Court. If the man named in the petition denies being the father, the court will order a genetic marker or DNA test, and a result showing at least a 95% probability of paternity creates a legal presumption that he is the father.¹ The test itself is a cheek swab, and the court handles the ordering, the lab assignment, and the delivery of results.

Who Can Ask the Court for a Test

New York limits standing to file a paternity petition to a short list of people:

The child’s mother.
A man who believes he is the father.
The child, filing through a guardian.
The Department of Social Services, when the child receives public assistance.²

If you are a man who is not married to the mother, you have no legal relationship to the child until paternity is established. That means no support obligation, but also no right to custody or visitation.² A paternity petition, and the DNA test that follows if you deny being the father or ask for proof, is the mechanism for changing that.

When You Can File

A petition can be filed during the mother’s pregnancy or any time afterward, up until the child turns 21. Once that birthday passes, the court loses jurisdiction to issue an order of filiation. The one exception is where the father has already acknowledged paternity in writing or by providing financial support; in that situation, there is no deadline.

When a Court Test Is Needed in the First Place

Not every paternity question requires going to court. If both parents agree, they can sign a voluntary Acknowledgment of Paternity, which is usually offered at the hospital after birth and carries the same legal force as a court order.³ A court case, and with it the chance of a court-ordered DNA test, becomes necessary when the alleged father disputes paternity, when the mother was married to someone else at the time of conception or birth, or when one of the parents refuses to sign the acknowledgment.

Information You Need to File the Petition

The Paternity Petition form asks for the full legal names and current addresses of the mother, the child, and the man alleged to be the father, plus the child’s date of birth. You will also be asked where and approximately when conception likely occurred, whether the mother was married at the time of conception or birth, and whether any other court orders involve the child.

The marriage question matters. New York presumes that a child born to a married woman is her husband’s child. If the mother was married to a man other than the alleged father, that presumption complicates the case, and both the mother and her husband may need to testify about their relationship during the relevant period.

Official forms are available through the New York State Unified Court System. A free Do-It-Yourself program walks you through the questions and prints the finished petition, though it cannot be filed electronically; you have to bring or mail the papers to the clerk.⁴

Where to File and How to Serve the Papers

File the petition with the Family Court clerk in the county where the mother, the child, or the alleged father lives. There is no filing fee.⁵

Once the clerk assigns a docket number and issues a summons, the summons and petition have to be formally served on the other party. Service must be done by someone at least 18 years old who is not a party to the case, which means you cannot hand the papers over yourself.⁶ Personal delivery to the respondent is the standard method. If repeated attempts fail, the law allows leaving the papers with a person of suitable age at the respondent’s home or workplace along with a follow-up mailing.⁷

The First Appearance and the Order for Testing

Paternity cases are heard by a judge or a support magistrate, with no jury.⁸ At the first appearance, the court asks the alleged father whether he admits or denies paternity. If he admits it, the court can issue an Order of Filiation on the spot, and no test is needed.

If he denies paternity or says he is unsure, the court will order a genetic marker or DNA test. The statute directs the court to tell both parties they have the right to request testing, and the court can also order it on its own motion.¹ The order will name the accredited lab and set the date and time for the mother, child, and alleged father to appear for cheek swabs.

When the Court May Refuse to Order a Test

There is one significant limit on getting a court-ordered test. If the alleged father raises equitable estoppel, the support magistrate cannot decide that issue and must send the case to a judge.⁹ Equitable estoppel typically arises when another man has been functioning as the child’s father for years and disrupting that relationship would harm the child. In those circumstances, the court may decline to order a DNA test at all if testing would not be in the child’s best interest.¹

Who Pays for the Test

The party requesting the test pays up front. If that party cannot afford it, the court can direct a public health officer to perform the test or order the local social services district to cover the cost. The final order can reassign the bill, splitting the cost between the parties by ability to pay or charging it entirely to whichever side loses on the paternity question.¹ Court-ordered DNA tests generally run between $200 and $500.

What the Results Mean

The lab sends results directly to the court. If the test excludes the man as the biological father, the court dismisses the petition and his involvement ends.

If the result shows at least a 95% probability of paternity, that creates a rebuttable presumption that he is the father. Most modern DNA tests return probabilities above 99%, which makes the presumption very hard to overcome. The court will set a final hearing and, barring successful rebuttal, enter an Order of Filiation declaring the man the child’s legal father.¹ If you receive the lab report and do not file a timely written objection, you lose the right to challenge the results later.

What the Order of Filiation Changes

Once the court issues an Order of Filiation, the legal relationship between father and child is permanent. If the custodial parent asks for support, or if the child is on public assistance, the support magistrate can enter a temporary or final child support order at the same proceeding that establishes paternity, so the financial obligation attaches immediately.⁹ The father also gains standing to file for custody or visitation, which requires a separate petition in the same Family Court.

The order can be used to add the father’s name to the child’s birth certificate through the New York State Department of Health. If the mother was married to someone else at the time of birth, a court order is the only way to change the listed parent. The Department of Health issues one amended certificate at no charge; additional copies cost $30 each.¹⁰ Legal paternity also opens the door to inheritance rights and to benefits tied to the father’s record, including Social Security survivor and disability benefits for a qualifying child.¹¹

1
New York State Senate. New York Family Court Act FCT 532 – Genetic Marker and DNA Tests
2
New York City Family Court. Paternity FAQs
3
New York State Senate. New York Family Court Act 516-A – Acknowledgment of Parentage
4
New York State Unified Court System. Paternity Petition – DIY Forms
5
NY CourtHelp. Paternity Case
6
New York State Senate. New York Civil Practice Law and Rules R2103 – Service of Papers
7
New York State Senate. New York Civil Practice Law and Rules 308 – Personal Service Upon a Natural Person
8
NYCOURTS.GOV. New York City Family Court Overview
9
New York State Senate. New York Family Court Act 439 – Support Magistrates
10
New York State Department of Health. Amending a Birth Certificate
11
Social Security Administration. Benefits for Children