Legal Opinion

Nassau County Department of Social Services v. Alford

Appellate Division of the Supreme Court of the State of New York

Decided March 29, 2011Published

1Opinion of the Court

*1243The Family Court Act provides, as relevant here, that, “[w]hen paternity is contested, [the court] shall order the mother, the child and the alleged father to submit to one or more genetic marker or DNA marker tests ... to aid in the determination of whether the alleged father is or is not the father of the child” (Family Ct Act § 418 [a]). “No such test shall be ordered, however, upon a written finding by the court that it is not in the best interests of the child on the basis of . . . equitable estoppel” (id,.). Additionally, Family Court Act § 580-316 (f) provides that “[i]n a proceeding…

2Cases cited2 opinions

  1. Lincoln v. LincolnNew York Court of Appeals · 1969
  2. Dowed v. MunnaAppellate Division of the Supreme Court of the State of New York · 2003

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