Clark Peshkin
Orders of Parentage in New York: Securing Your Legal Rights as a Parent
For many families, especially LGBTQ+ parents or those who have grown through assisted reproduction or surrogacy, being listed on a child’s birth certificate may not be enough to fully protect your parental rights. That’s where an Order of Parentage comes in.
What Is an Order of Parentage?
An Order of Parentage is a legal court order declaring that a person is a child’s parent — regardless of biological connection. Once granted, the Order gives you the same rights, responsibilities, and recognition as any other legal parent under the law.
It is especially important for:
- Same-sex couples where only one parent is biologically related to the child
- Families who used sperm or egg donation
- Parents through IVF or surrogacy
- Unmarried co-parents who planned and raised a child together
- Any non-biological parent not automatically recognized by law
Why You May Need One
Even if you are listed on your child’s birth certificate, that alone may not be enough. Birth certificates can be challenged or not recognized in other jurisdictions. An Order of Parentage offers:
- Full legal protection in all 50 states
- Equal rights in medical, educational, and legal settings
- Security in case of divorce, custody disputes, or death of the other parent
- Peace of mind when traveling or moving
How to Get an Order of Parentage in NY
The process is efficient and non-invasive compared to adoption. Here’s how it typically works:
1. Consultation & Document Review
We’ll begin by reviewing your situation, your relationship to the child, and any agreements or records from conception, surrogacy, or donor involvement.
2. Filing the Petition
We’ll file a petition in Family Court requesting that the judge declare you a legal parent. This can be done jointly with your co-parent or individually.
3. Supporting Evidence
You may need to provide:
- Marriage certificate (if applicable)
- Birth certificate of the child
- Medical or legal records showing intent to parent
- Consent forms from fertility clinics or donor agreements
4. Court Review
In many cases, a hearing may not even be necessary. If the judge finds your petition sufficient, they may issue the Order of Parentage.
5. Receive Your Court Order
Once signed by the judge, your parentage is fully and permanently established, with all legal rights protected under state and federal law.
The Legal Basis: Child-Parent Security Act (CPSA)
Since 2021, New York’s Child-Parent Security Act (CPSA) allows individuals to establish parentage through assisted reproduction and surrogacy without the need for second-parent adoption. This law modernized New York’s parentage rules and created a more accessible pathway for non-biological parents.
Should I Get an Order If I’m Already on the Birth Certificate?
Yes — if you’re not biologically related to your child, we strongly recommend pursuing an Order of Parentage even if you’re on the birth certificate. Why?
- Birth certificates can be challenged in court.
- Not all states recognize non-biological parents listed on birth certificates.
- An order of parentage provides clear, court-ordered proof of your legal parentage that cannot be disputed.
Client Testimonials & Educational Resources
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Our Blog provides clear, practical insights on all aspects of family law, including orders of parentage, legal parentage for same-sex couples, establishing parentage for unmarried parents, and other critical family law topics.
Convenient Office Locations Across Upstate New York
Clark Peshkin proudly serves clients throughout Western and Central New York, providing local support from three centrally located offices:
Buffalo Office:
Serving Erie County and Western New York
716.354.1611
Rochester Office:
Serving Monroe County and surrounding communities
585.565.6299
Syracuse Office:
Serving Onondaga County and Central New York
315.895.5979
Contact Us Today
At Clark Peshkin, we believe every family deserves support, clarity, and legal security. Whether you’re a non-biological parent, growing your family through surrogacy, or planning ahead, we’re here to ensure the process is respectful, empowering, and legally comprehensive.