Q: What evidence constitutes "evidence that the parent openly and notoriously acknowledged the child as his or her own,"?

A: I'm sorry to hear about the challenges you are facing in establishing parentage. In New York, proving parentage for a non-marital child can be legally complex, particularly when relying on the requirement that the parent "openly and notoriously acknowledged the child as his or her own." This phrase typically arises in matters such as inheritance claims or estate disputes, especially when attempting to demonstrate a parental relationship after the parent’s death.

Under New York law, specifically Estates, Powers, and Trusts Law (EPTL) § 4-1.2(a)(2)(C), a non-marital child may inherit from their father if there is "clear and convincing evidence" that the father openly and notoriously acknowledged the child as their own. This standard requires more than a mere claim; it requires substantive evidence showing that the father publicly recognized the relationship.

The types of evidence that can help establish this acknowledgment include:

--Written Documentation: Letters, emails, or text messages where the parent refers to the child as their own.

--Public Declarations: Statements made to friends, family, or colleagues where the parent openly acknowledged the child as their own.

--Formal Records: Listing the child as a dependent or beneficiary on official documents, such as tax returns, insurance policies, or wills.

--Financial Support: Evidence that the parent provided consistent financial support, such as paying for education, healthcare, or living expenses.

--Photos and Videos: Images or recordings showing the parent and child together in family or social settings, indicating a parental relationship.

--Witness Testimony: Testimony from individuals who personally heard or saw the parent acknowledge the child or who observed the nature of the parent-child relationship.

--Legal Proceedings: Prior paternity acknowledgments in legal contexts, such as family court or child support cases.

The burden of proof rests on the child to establish the parental relationship by clear and convincing evidence. This is a higher standard than a "preponderance of the evidence" and requires that the evidence presented be highly credible and persuasive. If the parent is deceased, these cases can become even more challenging because the child must rely on indirect or circumstantial evidence. Additionally, any interested parties, such as other potential heirs, may contest the claim.

Collect any documentation or testimony that supports the claim of acknowledgment. Speak with family members or others who may have relevant information. Consider DNA Testing. While EPTL § 4-1.2 focuses on acknowledgment, DNA testing can also be critical evidence if other biological relatives of the parent are available for comparison. Estate and parentage cases require navigating specific legal procedures. An experienced estate attorney can guide you in gathering evidence, filing necessary petitions, and presenting your case in Surrogate's Court.

Disclaimer: This response is for general informational purposes only and does not constitute legal advice. For personalized guidance, please consult a qualified attorney licensed in New York.