Establishing paternity is an important step in determining legal rights and obligations towards a child. In New York, the law presumes that a husband is the legal father of a child born during his marriage. This presumption is based on the legal concept of “presumption of legitimacy,” which assumes that children born during a marriage are the biological offspring of the husband. This presumption can only be rebutted through a legal challenge, which typically involves genetic testing to establish paternity. Matter of Chang v. Vasquez highlights the importance of establishing paternity and the role of genetic testing in resolving paternity disputes.
Zheng Chang and Marina Vasquez had an extramarital affair while Marina was still married to Luis Vasquez. During the affair, Marina became pregnant and gave birth to a child. Luis, believing that he was the child’s biological father, signed a voluntary acknowledgement of paternity shortly after the child’s birth.