When a child is born to parents who are not married in New York State, the biological father is not considered to be the child's parent unless the father has signed an "Acknowledgment of Paternity" (usually signed at the hospital), or an "Order of Filiation" has been entered by the Family Court stemming from a Paternity case. A paternity case is brought in Family Court by filing a Paternity Petition requesting that the father be declared the legal parent of the child. The petition may by brought by either parent. Generally the parties will agree to a DNA test, or the Court will order it. If the paternity test proves positive, an Order of Filiation will be issued and the father will have parental rights to the child, including the right to seek Custody or Visitation with the child. Along with the parental rights comes an obligation to support the child.
Legally admissible DNA tests cost about $300 to $500 dollars. You can also get an over the counter DNA test for less but it will not be admissible in Court to prove your case.
No. The parties could enter into an Order of Filiation "on consent" because both parents agree that the father really is the child's biological father and neither of the parents are asking for a DNA test to prove it. It is very hard to get an Order of Filiation vacated that has been entered on consent, so be sure that there are no doubts about the father.