§ 516-A — Acknowledgment of parentage

§ 516-a. Acknowledgment of parentage. (a) An acknowledgment of\nparentage executed pursuant to section one hundred eleven-k of the\nsocial services law or section four thousand one hundred thirty-five-b\nof the public health law shall establish the parentage of and liability\nfor the support of a child pursuant to this act. Such acknowledgment\nmust be reduced to writing and filed pursuant to section four thousand\none hundred thirty-five-b of the public health law with the registrar of\nthe district in which the birth occurred and in which the birth\ncertificate has been filed. No further judicial or administrative\nproceedings are required to ratify an unchallenged acknowledgment of\nparentage.\n (b) (i) Where a signatory to an acknowledgment of parentage executed\npursuant to section one hundred eleven-k of the social services law or\nsection four thousand one hundred thirty-five-b of the public health law\nhad attained the age of eighteen at the time of execution of the\nacknowledgment, the signatory may seek to rescind the acknowledgment by\nfiling a petition with the court to vacate the acknowledgment within the\nearlier of sixty days of the date of signing the acknowledgment or the\ndate of an administrative or a judicial proceeding (including, but not\nlimited to, a proceeding to establish a support order) relating to the\nchild in which the signatory is a party. For purposes of this section,\nthe "date of an administrative or a judicial proceeding" shall be the\ndate by which the respondent is required to answer the petition.\n (ii) Where a signatory to an acknowledgment of parentage executed\npursuant to section one hundred eleven-k of the social services law or\nsection four thousand one hundred thirty-five-b of the public health law\nhad not attained the age of eighteen at the time of execution of the\nacknowledgment, the signatory may seek to rescind the acknowledgment by\nfiling a petition with the court to vacate the acknowledgment anytime up\nto sixty days after the signatory's attaining the age of eighteen years\nor sixty days after the date on which the respondent is required to\nanswer a petition (including, but not limited to, a petition to\nestablish a support order) relating to the child in which the signatory\nis a party, whichever is earlier; provided, however, that the signatory\nmust have been advised at such proceeding of his or her right to file a\npetition to vacate the acknowledgment within sixty days of the date of\nsuch proceeding.\n (iii) Where a petition to vacate an acknowledgment of parentage has\nbeen filed in accordance with paragraph (i) or (ii) of this subdivision,\nthe court shall order genetic marker tests or DNA tests for the\ndetermination of the child's parentage. No such test shall be ordered,\nhowever, where the acknowledgment was signed by the intended parent of a\nchild born through assisted reproduction pursuant to subparagraph (ii)\nof paragraph (b) of subdivision one of section four thousand one hundred\nthirty-five-b of the public health law, or upon a written finding by the\ncourt that it is not in the best interests of the child on the basis of\nres judicata, equitable estoppel, or the presumption of legitimacy of a\nchild born to a married person. If the court determines, following the\ntest, that the person who signed the acknowledgment is the parent of the\nchild, the court shall make a finding of parentage and enter an order of\nparentage. If the court determines that the person who signed the\nacknowledgment is not the parent of the child, the acknowledgment shall\nbe vacated.\n (iv) After the expiration of the time limits set forth in paragraphs\n(i) and (ii) of this subdivision, any of the signatories to an\nacknowledgment of parentage may challenge the acknowledgment in court by\nalleging and proving fraud, duress, or material mistake of fact. If the\npetitioner proves to the court that the acknowledgment of parentage was\nsigned under fraud, duress, or due to a material mistake of fact, the\ncourt shall then order genetic marker tests or DNA tests for the\ndetermination of the child's parentage. No such test shall be ordered,\nhowever, where the acknowledgment was signed by the intended parent of a\nchild born through assisted reproduction pursuant to subparagraph (ii)\nof paragraph (b) of subdivision one of section four thousand one hundred\nthirty-five-b of the public health law, or upon a written finding by the\ncourt that it is not in the best interests of the child on the basis of\nres judicata, equitable estoppel, or the presumption of legitimacy of a\nchild born to a married person. If the court determines, following the\ntest, that the person who signed the acknowledgment is the parent of the\nchild, the court shall make a finding of parentage and enter an order of\nparentage. If the court determines that the person who signed the\nacknowledgment is not the parent of the child, the acknowledgment shall\nbe vacated.\n (v) If, at any time before or after a signatory has filed a petition\nto vacate an acknowledgment of parentage pursuant to this subdivision,\nthe signatory dies or becomes mentally ill or cannot be found within the\nstate, neither the proceeding nor the right to commence the proceeding\nshall abate but may be commenced or continued by any of the persons\nauthorized by this article to commence a parentage proceeding.\n (c) An acknowledgment of parentage is void if, at the time of signing,\nany of the following are true:\n (i) a person other than the signatories is a presumed parent of the\nchild pursuant to section twenty-four of the domestic relations law;\n (ii) a court has entered a judgment of parentage of the child;\n (iii) another person has signed a valid acknowledgment of parentage\nwith regard to the child;\n (iv) the child has a parent pursuant to section 581-303 of the family\ncourt act other than the signatories;\n (v) a signatory is a gamete donor under section 581-302 of the family\ncourt act; or\n (vi) the acknowledgment is signed by a person who asserts that they\nare a parent under section 581-303 of the family court act of a child\nconceived through assisted reproduction, but the child was not conceived\nthrough assisted reproduction.\n (d) Neither signatory's legal obligations, including the obligation\nfor child support arising from the acknowledgment, may be suspended\nduring the challenge to the acknowledgment except for good cause as the\ncourt may find. If the court vacates the acknowledgment of parentage,\nthe court shall immediately provide a copy of the order to the registrar\nof the district in which the child's birth certificate is filed and also\nto the putative father registry operated by the department of social\nservices pursuant to section three hundred seventy-two-c of the social\nservices law. In addition, if the parent of the child who is the subject\nof the acknowledgment is in receipt of child support services pursuant\nto title six-A of article three of the social services law, the court\nshall immediately provide a copy of the order to the child support\nenforcement unit of the social services district that provides the\nparent with such services.\n (e) A determination of parentage made by any other state, whether\nestablished through an administrative or judicial process or through an\nacknowledgment of parentage signed in accordance with that state's laws,\nmust be accorded full faith and credit pursuant to section 466(a)(11) of\ntitle IV-D of the social security act (42 U.S.C. § 666(a)(11)).\n (f) Any reference to an acknowledgment of paternity in any law of this\nstate, or any similar instrument signed in another state consistent with\nthe law of that state shall be interpreted to mean an acknowledgment of\nparentage executed pursuant to section one hundred eleven-k of the\nsocial services law, section four thousand one hundred thirty-five-b of\nthe public health law, or signed in another state consistent with the\nlaw of that state.\n