How Can I Prove I'm The Biological Child?

What is the name of your state? New York

My father has passed and there is no way to do a DNA test. My mom and him were never married but I am his biological child and only child. He never denied me as his child, we were very close and he paid for my expenses throughout life. The court is asking for me to prove I am his biological child. Unfortunately, they do not have a list of things I need to show. What proof can I show that would be sufficient?

Filaseir said:

What is the name of your state? New York

My father has passed and there is no way to do a DNA test. My mom and him were never married but I am his biological child and only child. He never denied me as his child, we were very close and he paid for my expenses throughout life. The court is asking for me to prove I am his biological child. Unfortunately, they do not have a list of things I need to show. What proof can I show that would be sufficient?

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you can have a dna test with one of his known relatives. Or you can petition to have him tested.

Why do you need to prove your paternity?

He can't petition dad ~ he's dead. He probably has to prove that he is his son because I'm gonna bet that dad didn't have a will.

Ginny J said:

He can't petition dad ~ he's dead. He probably has to prove that he is his son because I'm gonna bet that dad didn't have a will.

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Dad probably left his DNA all over the house.

Don't you ever watch CSI?

Ginny J said:

He can't petition dad ~ he's dead. He probably has to prove that he is his son because I'm gonna bet that dad didn't have a will.

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I think what Fair was saying (because I guess I'm speaking for Fair today...LOL) is that the OP can petition the court for someone to take a sample from "dad" and have it tested. But, as SJ said (jokingly), his DNA is probably all over his house (hair brush, etc.).

Dad probably has a mom and dad, maybe a brother or grandparent living..... all those people are possibilities to being tested.

And yes, this probably has everything to do with being named next of kin.

Probate is not the DMV.

There is not a 'checklist'

You really need a lawyer to see what constitutes proof. It could be DNA or it could be testimony. Or both.

As has been pointed out, DNA evidence still exists is the home, even if dad was cremated. If simply interred in casket; exhumation may be possible, if a grisly prospect.

Antoher possibility is medical. People give blood samples. Indeed the chain of custody would be better than from say, a toothbrush.

The bottom line is you MUST act quickly. A lawyer is vital in such a case

Ginny J said:

He can't petition dad ~ he's dead. He probably has to prove that he is his son because I'm gonna bet that dad didn't have a will.

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I didn't say he could petition dad. I SAID he could petition to HAVE DAD tested.

Did I REALLY NEED to say have the body exhumed????

CourtClerk said:

I think what Fair was saying (because I guess I'm speaking for Fair today...LOL) is that the OP can petition the court for someone to take a sample from "dad" and have it tested. But, as SJ said (jokingly), his DNA is probably all over his house (hair brush, etc.).

Dad probably has a mom and dad, maybe a brother or grandparent living..... all those people are possibilities to being tested.

And yes, this probably has everything to do with being named next of kin.

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Ah. . . and now I read you speaking for me. Well too late missy cause I have already posted my own rollie eyes. ROTFL.

You of course are correct, I was trying hard not to get ghoulish. but whatever. . . . .

fairisfair said:

I didn't say he could petition dad. I SAID he could petition to HAVE DAD tested.

Did I REALLY NEED to say have the body exhumed????

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Ghoul has a place in legal land

You don't have to prove you are a biological child. You need to prove that he recognized you as a child. Is his name on your birth certificate? Did he sign an acknowledgment of paternity? Was there an order of filiation? Did he openly acknowledged you as his child? Was there ever an action in family court? This must be done by affidavit with supporting documentation. Refer to NY Estates Powers and Trust law, Art. 4. Good Luck