Legal Presumption of Paternity

In New York, there is a legal presumption of paternity when a child is born during a marriage, meaning the husband is presumed to be the child’s legal father regardless of biology. This presumption exists to promote stability and protect the child’s best interests.

It can also apply when a man has openly held the child out as his own and established a parental relationship, even if the parties were not married. The presumption is strong and cannot be challenged lightly, especially when doing so would disrupt an existing parent-child bond. In many cases, the court may deny genetic testing if it finds that testing would not be in the child’s best interests.