Parental Rights for Lesbian Parents: Acknowledgements of Parentage vs. Judicial Orders

Many lesbian parents have come to learn that being on their child's birth certificate doesn't provide them with the rights and obligations of legal parentage. But what does? There are several options to consider and they are not all created equal. Understanding these differences is crucial for individuals navigating the complexities of parentage law in New York.

We have created several blog posts which explain the need for going beyond the birth certificate when donor conception is used (particularly with regards to lesbian families), and have more than once discussed Judgments of Parentage under NY law vs. Orders of second-parent adoption or step-parent adoption (check those blogs out too!). This time around however, we discuss Acknowledgments of Parentage (a.k.a. "AOP" or "VAP") in New York and their strengths but also their limitations.

While New York law offers a variety of options for establishing parentage, it is essential to understand the distinctions between Acknowledgements of Parentage, Judgments of Parentage (commonly referred to as "Parentage Orders"), and Adoption Orders. Each of these legal instruments serves the purpose of establishing or confirming a legal relationship between a parent and a child, yet they do so in markedly different ways, each with its own implications and processes.

First and foremost, let's start with the positive... Acknowledgements of Parentage take about five minutes to fill out (usually in the hospital after birth, but it could be done later) using a state-issued form in NY (LDSS-5171) and are free to use. That means that it is by far the quickest and least expensive option. And while better than doing nothing and relying just on a birth certificate, it's effectiveness and reliability are far from certain. Acknowledgements of Parentage are unique in that they can be overturned under specific circumstances, such as in instances of fraud or misrepresentation. This ability to contest an Acknowledgement of Parentage introduces an element of uncertainty that is not present with Judgments of Parentage and Adoption Orders.

By contrast, Judgments of Parentage and Adoption Orders are designed to provide a higher degree of permanence and reliability. Both of these Orders are only issued after judicial inquiry and therefore once established, these legal determinations are not easily overturned, making them more secure forms of legal recognition of parenthood. Judgments of Parentage, like Adoption Orders are final orders issued by a court following a thorough judicial process.

During the process of seeking a Judgment of Parentage, the court evaluates the evidence presented and makes a definitive “finding” that the non-gestating parent is indeed an intended parent. This finding entitles the non-gestating parent to legal recognition as a parent, thereby confirming the legal connection between the parent and the child. The judicial process involved ensures that the rights and responsibilities of parentage are clearly delineated and protected under the law. Similarly, an Adoption Order also represents a final order resulting from a judicial process. In this scenario, the court assesses the qualifications and intentions of the petitioning adoptive parent. The court ultimately makes a “finding” that the individual seeking to adopt should be granted legal parent status. This process not only creates a legal connection between the adoptive parent and the child but also serves to protect the child's welfare by ensuring that the adoptive parent is fit to assume parental responsibilities.

On the other hand, an Acknowledgement of Parentage stands in stark contrast to these more formalized processes. It is primarily a document that relies on self-reporting, often executed in a hospital setting shortly after the birth of a child. This means that the establishment of parentage through an Acknowledgement does not involve any judicial oversight or evaluation of evidence, which raises questions about the reliability of the information provided. Furthermore, because it can be overturned within a specified time frame, the Acknowledgement of Parentage lacks the permanence that characterizes Judgments of Parentage and Adoption Orders.

A further consideration is that with a Judgment of Parentage, a court makes a “finding” on the Order that a gamete donor (often a sperm donor) is not a parent. This is significant in that it addresses that person and effectively determines that based on their lack of parental status, that person has no rights or obligations towards the child (particularly useful where a known donor was used).  An Acknowledgement of Parentage does not address the rights or lack thereof of a donor, and leaves open the question of their rights and obligations to be determined, perhaps through later litigation, that the obtaining of a Judgment of Parentage can avoid. An Order of Adoption is also silent as to the issue of parental rights/obligations of a donor.

Perhaps most importantly, it is questionable whether an Acknowledgement of Parentage (an administrative document rather than a judicial document) would reliably be entitled to full faith and credit into the future, across changing times, and in varied locations.    Federal law mandates that states establish a civil process for voluntarily acknowledging parentage as a condition for the state receiving federal funding. Federal law requires that Acknowledgements of Parentage be recognized in all states, meaning they presently, based on that law, have the same legal force as a court order. However, what if that federal law went away?

Further, that federal law does not require gender neutrality and some states don't apply the process to same-sex parents. In some states, Acknowledgements of Parentage are based on a genetic connection to the child (except in those states that apply them to same-sex parents using assisted reproduction as we do here in New York).  The laws in this area are rapidly changing (sometimes for better and sometimes for worse) but as of the date of this post, just 12 states allow LGBT parents to establish parentage using an Acknowledgment of Parentage (with Michigan having become the 12th in March 2025). Parents cannot comfortably rely on other states to afford Acknowledgements of Parentage full faith and credit when one person is very clearly not genetically connected.  Both a Judgment of Parentage and an Adoption Order are available to LGBT parents in NY like an Acknowledgment of Parentage. But by contrast, if properly issued, those court orders are entitled to full faith and credit in the United States based on a very different law--Article 4, Section 1 of the U.S. Constitution--which provides a good deal more security and reliability for families of all types than an Acknowledgment of Parentage.

Lastly, parents cannot depend on an Acknowledgment of Parentage to be recognized internationally for confirming the parental rights of the non-gestating parent in the same manner as a judicial order. Many countries have processes in place that could lead to recognition of a court order (dependent on the laws of each country). Not so for an Acknowledgment of Parentage.

In summary, while Acknowledgements of Parentage, Judgments of Parentage, and Adoption Orders all serve the vital function of establishing or confirming legal parentage in New York (which the birth certificate alone does not do (see my other blog posts for why!), they do so through different mechanisms. While certainly the quickest and least expensive route, Acknowledgements of Parentage's level of permanence, reliability, and lack of judicial involvement sets it apart from Judgments of Parentage and Adoption Orders in a way that can be concerning and therefore may not be the best option for families.

Contact Law Office of Jennifer P. Maas, PLLC https://www.jpmfertilitylaw.com/contact 

to discuss your options with a New York licensed family formation attorney, should you wish to pursue securing your parentage in New York.

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**This is intended for informational purposes only and not intended to be construed as legal advice. Every situation is unique and the laws of every state differ. Contact our office should you wish to discuss the specifics of your situation and to hire our firm to represent you.