N.Y. Domestic Relations Law Section 175
Legitimacy of children

1.

Where the action for divorce is brought by the wife, the legitimacy of any child of the parties, born or begotten before the commencement of the action, is not affected by the judgment dissolving the marriage.

2.

Where the action for divorce is brought by the husband, the legitimacy of a child born or begotten before the commission of the offense charged is not affected by a judgment dissolving the marriage; but the legitimacy of any other child of the wife may be determined as one of the issues in the action. In the absence of proof to the contrary, the legitimacy of all the children begotten before the commencement of the action must be presumed.

Source: Section 175 — Legitimacy of children, https://www.­nysenate.­gov/legislation/laws/DOM/175 (updated Sep. 22, 2014; accessed Jun. 21, 2025).

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Jun. 21, 2025

Last modified:
Sep. 22, 2014

§ 175. Legitimacy of children's source at nysenate​.gov

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