While the term “bastard child” is an outdated and offensive phrase, it reflects a search for understanding the legal standing of children born to unmarried parents. This article provides clarity on this topic within New York State, explaining the current legal framework, the rights of these children, and the processes for establishing legal parentage. New York law has evolved to ensure that a child’s rights are not dependent on the marital status of their parents, but rather on a legally recognized parental relationship.
Modern Legal Status of Children Born to Unmarried Parents in New York
In New York, the term “bastard child” has no legal significance. The state uses neutral terminology, such as “non-marital child,” in all legal contexts, reflecting a principle in New York’s Domestic Relations Law and the Family Court Act. This principle is that all children are entitled to the same rights and protections, regardless of whether their parents are married.
Once legal parentage is established, the law does not differentiate between marital and non-marital children. This ensures a child’s access to support, inheritance, and other benefits is based on the parental relationship itself, not the circumstances of their birth.
Establishing Legal Paternity
Voluntary Acknowledgement of Parentage (AOP)
The first and most common method to establish legal fatherhood is through a Voluntary Acknowledgement of Parentage (AOP). This is a legally binding document that, once properly filed, establishes a man as the child’s legal father without going to court. The official form, LDSS-5171, is often available at the hospital shortly after the child’s birth but can also be obtained from local registrars or the New York State Department of Health.1New York State Department of Health. LDSS-5171 – Acknowledgment of Parentage
To complete the AOP form, both parents must provide their full legal names, dates and places of birth, Social Security numbers, and current addresses. The form must be signed in front of two witnesses who are not related to either parent. If completed at the hospital, staff will typically handle filing it; otherwise, the original form must be mailed to the New York State Putative Father Registry.2NewYork.Public.Law. N.Y. Social Services Law § 372-C – Putative Father Registry
Order of Filiation
The second method is obtaining an Order of Filiation from a Family Court, which is necessary when paternity is in dispute or an AOP was not signed.3The New York State Senate. Family Court Act § 542. Order of Filiation To begin, one must file a paternity petition with the appropriate Family Court. The petition requires the names and addresses of both parties, the child’s birth details, and the basis for the claim.
There are no filing fees for paternity petitions. After filing, the court will issue a summons that must be legally served on the respondent. Subsequent steps include a court appearance, and if paternity is denied, the court will likely order genetic marker (DNA) testing before issuing a final Order of Filiation.
Rights of a Child Born to Unmarried Parents
Once legal paternity is established, a child born to unmarried parents gains a set of rights identical to those of a child born to married parents. A primary right is in the area of inheritance. Under New York Estates, Powers and Trusts Law § 4-1.2, a non-marital child can inherit from their father’s estate if paternity has been formally established.4Justia. New York Estates, Powers and Trusts Law § 4-1.2 – Inheritance by Non-Marital Children
The establishment of paternity also triggers the legal obligation for financial support from both parents. New York’s Child Support Standards Act (CSSA) is used to calculate the amount of child support based on a percentage of the parents’ combined income, which is capped at $183,000 for the initial calculation, and the number of children. Beyond direct financial support, the child also secures the right to be covered by a parent’s health insurance, receive Social Security benefits, and be a claimant in a wrongful death lawsuit.5FindLaw. New York Family Court Act § 416. Elements of Support
Parental Rights and Responsibilities
Upon the establishment of paternity, both parents have legal rights and responsibilities toward their child. While a mother’s rights are established at birth, a father must establish paternity to assert his rights, which primarily revolve around custody and visitation. Custody is divided into legal custody, the right to make major decisions about the child’s welfare, and physical custody, which determines where the child primarily resides.
Parents can create their own custody agreement, but if they cannot agree, a New York court will make a determination based on the “best interests of the child” standard. The non-custodial parent has a right to visitation, also guided by the child’s best interests.