Parentage | New York Courts

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Parentage: At A Glance

Parentage is about who the law recognizes as a child’s legal parents. This is different from paternity, which focuses only on who a child’s legal father is.

Our court hears two types of parentage cases:

Assisted Reproduction

Assisted reproduction means becoming pregnant using medical help.

This includes methods like in vitro fertilization (IVF)
Sometimes sperm, eggs, or embryos from a donor are used
One or more persons may ask the court to confirm they are the child's legal parent(s)

Surrogacy

Surrogacy is an agreement made before a pregnancy.

At least one intended parent makes an agreement with a surrogate
The surrogate carries the pregnancy
Everyone agrees that the child will be the legal child of the intended parent(s), not the surrogate

The FAQ below answers common questions about the types of parentage cases heard in Family Court.

Parentage (Frequently Asked Questions)

What are the types of parentage cases heard in Family Court?

Family Court hears petitions to establish parentage for Assisted Reproduction and Surrogacy cases.

Form 5-C-3 is the petition for assisted reproduction. Form 5-C-1 is the petition for surrogacy agreements.

Who may file a parentage petition?

A parentage petition can be filed by a child, a parent, someone who says they are a parent, a social services agency, a person acting for a minor or a person with a disability, or a participant. A participant may be an intended parent, a surrogate, the spouse of an intended parent, or someone who provided sperm or eggs. The petition must be signed to confirm it is true.

When and where can a parentage petition be filed?

A parentage petition can be filed in New York if the intended parent or the child lives in New York State. The petition may be filed in the county where the intended parent lives after the pregnancy has begun, or in the county where the child was born or lives. If neither the intended parent nor the child lives in New York, the petition can still be filed in the county where the child was born, but it must be done within 90 days after the child’s birth.

What is a judgment of parentage?

A judgment of parentage is a court order that officially says who a child's legal parent or parents are. It gives those parents the legal rights and responsibilities to care for and support the child.

Form 5-C-2 Order and Judgment of Parentage - Surrogacy Agreement, is the court order that officially names the legal parents of a child born (or expected to be born) through a surrogacy agreement.

Form 5-C-4 Order and Judgment of Parentage Assisted Reproduction, is the court order that legally establishes who the parent(s) are for a child born through assisted reproduction.

What happens after the hearing?

After the case is finished, records about assisted reproduction and surrogacy agreements are kept private and sealed. However, the people involved in the case and the child may review and copy the full record. Only the judgment of parentage may be shared with the New York State Office of Temporary and Disability Assistance (OTDA), a Title IV-D child support agency in another state, or a local Support Collection Unit, and only if it is needed to provide child support services.