Do I need a paternity test for stepparent adoption in New York?

No. Paternity tests (DNA tests) are generally not required for stepparent adoption in New York.

Why not?

• The court is concerned with the legal father — the man on the birth certificate or who established paternity through a court order
• Stepparent adoption addresses the legal parent-child relationship, not biology
• The man on the birth certificate is the legal father regardless of biological reality

When a paternity test might come up:

• If someone is disputing who the father is (rare in stepparent adoption)
• If a biological father who is NOT on the birth certificate is trying to establish paternity to block the adoption
• If the court specifically orders one (very uncommon)

Important legal principle: In New York, and every other state, the birth certificate establishes legal parentage. A man listed as the father has full rights. A man NOT listed may have limited or no standing unless he has taken legal action to establish paternity.

Bottom line: You do not need to arrange a DNA test before or during the adoption. Focus on:

1. Who is on the birth certificate?
2. Does that person consent, or have they abandoned the child?

That is what the Family Court or Surrogate's Court cares about. Our $349 service handles all documentation correctly.

Call (855) 924-0450 with questions about your specific situation.