Paternity is defined in a law dictionary as "the state of condition of being a father". Since the earliest days of our legal system, the issue of paternity has had significant impact on a child’s right of inheritance as well as its right to be supported.

In New York the establishment of paternity is usually conducted in the Family Court, although paternity can also be considered in other courts as well. Since both parents are charged with the support of a child born out of wedlock, the determination of paternity has significant legal implications.

Paternity can be established by acknowledgment, provided it is in writing and filed with the birth registrar. However, when paternity is denied by either the alleged father or the mother, a proceeding to determine paternity can be initiated by either the mother or the alleged father. Paternity is established at a judicial hearing, without a jury. In the past paternity was often determined by the assessment of the credibility of the respective parties, access to the mother at a time she was likely to conceive, and was impacted by the rebutable presumption of legitimacy if the mother was a married woman.

Science has significantly impacted on the manner in which paternity proceedings are now conducted. The advent of genetic marker tests and DNA tests, while not conclusive unless they exclude the alleged father, are given substantial weight by the Courts. When the test results indicate ninety-five (95%) percent or greater probability of paternity, there is established a presumption of paternity which must be rebutted by the party challenging paternity.

Once paternity is established, the courts are authorized to award both child support and counsel fees.