§ 4135-B — Voluntary acknowledgments of parentage

New York § 4135-B

• Jurisdiction: New York
• Law PBH: Public Health
• Title 3: Registration of Births
• Art. 41: Vital Statistics

Text

§ 4135-b. Voluntary acknowledgments of parentage. 1. (a) Immediately\npreceding or following the in-hospital birth of a child to an unmarried\nperson or to a person who gave birth to a child conceived through\nassisted reproduction, the person in charge of such hospital or his or\nher designated representative shall provide to the unmarried person who\ngave birth to the child and the alleged genetic parent, if such alleged\ngenetic parent is readily identifiable and available, or to the person\nwho gave birth and the other intended parent of a child conceived\nthrough assisted reproduction if such person is readily identifiable and\navailable, the documents and written instructions necessary for such\nperson or to a person who gave birth to a child conceived through\nassisted reproduction and alleged persons to complete an acknowledgment\nof parentage witnessed by two persons not related to the signatory. Such\nacknowledgment, if signed by both parties, at any time following the\nbirth of a child, shall be filed with the registrar at the same time at\nwhich the certificate of live birth is filed, if possible, or anytime\nthereafter. Nothing herein shall be deemed to require the person in\ncharge of such hospital or his or her designee to seek out or otherwise\nlocate an alleged genetic parent or intended parent of a child conceived\nthrough assisted reproduction who is not readily identifiable or\navailable.\n (b) The following persons may sign an acknowledgment of parentage to\nestablish the parentage of the child:\n (i) An unmarried person who gave birth to the child and another person\nwho is a genetic parent.\n (ii) A married or unmarried person who gave birth to the child and\nanother person who is an intended parent under section 581-303 of the\nfamily court act of a child conceived through assisted reproduction.\n (c) An acknowledgment of parentage shall be in a record signed by the\nperson who gave birth to the child and by either the genetic parent\nother than the person who gave birth to the child or a person who is a\nparent under section 581-303 of the family court act of the child\nconceived through assisted reproduction.\n (d) 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 under 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 under section 581-303 of the family court\nact other than the signatories;\n (v) A signatory is a gamete donor under section 581-302 of the family\ncourt act;\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 (e) The acknowledgment shall be executed on a form provided by the\ncommissioner developed in consultation with the commissioner of the\noffice of temporary and disability assistance, which shall: (i) include\nthe social security number of the signatories; (ii) provide in plain\nlanguage (A) a statement by the person who gave birth to the child\nconsenting to the acknowledgment of parentage and a statement that the\nother signatory is the only possible other genetic parent or that the\nother signatory is an intended parent and the child was conceived\nthrough assisted reproduction, (B) a statement by the, alleged genetic\nparent, if any, that he or she is the genetic parent of the child, and\n(C) a statement that the signing of the acknowledgment of parentage by\nboth parties shall have the same force and effect as an order of\nparentage or filiation entered after a court hearing by a court of\ncompetent jurisdiction, including an obligation to provide support for\nthe child except that, only if filed with the registrar of the district\nin which the birth certificate has been filed, will the acknowledgment\nhave such force and effect with respect to inheritance rights; and (iii)\ninclude the name and address, if known, of any gamete donors.\n (f) Prior to the execution of an acknowledgment of parentage, the\nperson who gave birth to the child and the other signatory shall be\nprovided orally, which may be through the use of audio or video\nequipment, and in writing with such information as is required pursuant\nto this section with respect to their rights and the consequences of\nsigning a voluntary acknowledgment of parentage including, but not\nlimited to:\n (i) that the signing of the acknowledgment of parentage shall\nestablish the parentage of the child and shall have the same force and\neffect as an order of parentage or filiation issued by a court of\ncompetent jurisdiction establishing the duty of both parties to provide\nsupport for the child;\n (ii) that if such an acknowledgment is not made, the signatory other\nthan the person who gave birth to the child can be held liable for\nsupport only if the family court, after a hearing, makes an order\ndeclaring that the person is the parent of the child whereupon the court\nmay make an order of support which may be retroactive to the birth of\nthe child;\n (iii) that if made a respondent in a proceeding to establish parentage\nthe signatory other than the person who gave birth to the child has a\nright to free legal representation if indigent;\n (iv) that an alleged genetic parent has a right to a genetic marker\ntest or to a DNA test when available;\n (v) that by executing the acknowledgment, the alleged genetic parent\nwaives their right to a hearing, to which they would otherwise be\nentitled, on the issue of parentage;\n (vi) that a copy of the acknowledgment of parentage shall be filed\nwith the registry created by section three hundred seventy-two-c of the\nsocial services law, and that such filing may establish the child's\nright to inheritance from the alleged genetic parent or the other\nintended parent of a child conceived through assisted reproduction\npursuant to clause (B) of subparagraph two of paragraph (a) of section\n4-1.2 of the estates, powers and trusts law;\n (vii) that, if such acknowledgment is filed with the registrar of the\ndistrict in which the birth certificate has been filed, such\nacknowledgment will establish inheritance rights from the alleged\ngenetic parent or the other intended parent of a child conceived through\nassisted reproduction pursuant to clause (A) of subparagraph two of\nparagraph (a) of section 4-1.2 of the estates, powers and trusts law;\n (viii) that no further judicial or administrative proceedings are\nrequired to ratify an unchallenged acknowledgment of parentage provided,\nhowever, that:\n (A) A signatory to an acknowledgment of parentage, who had attained\nthe age of eighteen at the time of execution of the acknowledgment,\nshall have the right to rescind the acknowledgment within the earlier of\nsixty days from the date of signing the acknowledgment or the date of an\nadministrative or a judicial proceeding (including, but not limited to,\na proceeding to establish a support order) relating to the child in\nwhich the signatory is a party, provided that the "date of an\nadministrative or a judicial proceeding" shall be the date by which the\nrespondent is required to answer the petition;\n (B) A signatory to an acknowledgment of parentage, who had not\nattained the age of eighteen at the time of execution of the\nacknowledgment, shall have the right to rescind the acknowledgment\nanytime up to sixty days after the signatory's attaining the age of\neighteen years or sixty days after the date on which the respondent is\nrequired to answer a petition (including, but not limited to, a petition\nto establish a support order) relating to the child, whichever is\nearlier; provided, however, that the signatory must have been advised at\nsuch proceeding of his or her right to file a petition to vacate the\nacknowledgment within sixty days of the date of such proceeding;\n (ix) that after the expiration of the time limits set forth in clauses\n(A) and (B) of subparagraph (viii) of this paragraph, any of the\nsignatories may challenge the acknowledgment of parentage in court only\non the basis of fraud, duress, or material mistake of fact, with the\nburden of proof on the party challenging the voluntary acknowledgment;\n (x) that the person who gave birth to the child and the other\nsignatory may wish to consult with attorneys before executing the\nacknowledgment; and that they have the right to seek legal\nrepresentation and supportive services including counseling regarding\nsuch acknowledgment;\n (xi) that the acknowledgment of parentage may be the basis for the\nsignatory other than the person who gave birth to the child establishing\ncustody and visitation rights to the child and for requiring the consent\nof the signatory other than the person who gave birth to the child prior\nto an adoption proceeding;\n (xii) that the refusal of the person who gave birth to the child to\nsign the acknowledgment shall not be deemed a failure to cooperate in\nestablishing parentage of the child; and\n (xiii) that the child may bear the last name of either parent, or any\ncombination thereof, which name shall not affect the legal status of the\nchild.\nIn addition, the governing body of such hospital shall ensure that\nappropriate staff shall provide to the person who gave birth to the\nchild and the other signatory, prior to the discharge from the hospital\nof the person who gave birth to the child, the opportunity to speak with\nhospital staff to obtain clarifying information and answers to their\nquestions about parentage establishment, and shall also provide the\ntelephone number of the local support collection unit.\n (g) Within ten days after receiving the certificate of birth, the\nregistrar shall furnish without charge to each parent or guardian of the\nchild or to the person who gave birth at the address designated by her\nfor that purpose, a certified copy of the certificate of birth and, if\napplicable, a certified copy of the written acknowledgment of parentage.\nIf the person who gave birth is in receipt of child support enforcement\nservices pursuant to title six-A of article three of the social services\nlaw, the registrar also shall furnish without charge a certified copy of\nthe certificate of birth and, if applicable, a certified copy of the\nwritten acknowledgment of parentage to the social services district of\nthe county within which the person who gave birth resides.\n 2. (a) When a child's parentage is acknowledged voluntarily pursuant\nto section one hundred eleven-k of the social services law, the social\nservices official shall file the executed acknowledgment with the\nregistrar of the district in which the birth occurred and in which the\nbirth certificate has been filed.\n (b) Where a child's parentage has not been acknowledged voluntarily\npursuant to paragraph (a) of subdivision one of this section or\nparagraph (a) of this subdivision, the person who gave birth to the\nchild and the other signatory may voluntarily acknowledge a child's\nparentage pursuant to this paragraph by signing the acknowledgment of\nparentage.\n (c) A signatory to an acknowledgment of parentage, who has attained\nthe age of eighteen at the time of execution of the acknowledgment shall\nhave the right to rescind the acknowledgment within the earlier of sixty\ndays from the date of signing the acknowledgment or the date of an\nadministrative or a judicial proceeding (including, but not limited to,\na proceeding to establish a support order) relating to the child in\nwhich either signatory is a party; provided that for purposes of this\nsection, the "date of an administrative or a judicial proceeding" shall\nbe the date by which the respondent is required to answer the petition.\n (d) A signatory to an acknowledgment of parentage, who has not\nattained the age of eighteen at the time of execution of the\nacknowledgment, shall have the right to rescind the acknowledgment\nanytime up to sixty days after the signatory's attaining the age of\neighteen years or sixty days after the date on which the respondent is\nrequired to answer a petition (including, but not limited to, a petition\nto establish a support order) relating to the child in which the\nsignatory is a party, whichever is earlier; provided, however, that the\nsignatory must have been advised at such proceeding of his or her right\nto file a petition to vacate the acknowledgment within sixty days of the\ndate of such proceeding.\n (e) After the expiration of the time limits set forth in paragraphs\n(c) and (d) of this subdivision, any of the signatories may challenge\nthe acknowledgment of parentage in court only on the basis of fraud,\nduress, or material mistake of fact, with the burden of proof on the\nparty challenging the voluntary acknowledgment. The acknowledgment shall\nhave full force and effect once so signed. The original or a copy of the\nacknowledgment shall be filed with the registrar of the district in\nwhich the birth certificate has been filed.\n 3. (a) An acknowledgment of parentage executed by any two people\neligible to sign such an acknowledgment under paragraph (b) of\nsubdivision one of this section, married or unmarried, shall establish\nthe parentage of a child and shall have the same force and effect as an\norder of parentage or filiation issued by a court of competent\njurisdiction. Such acknowledgement shall thereafter be filed with the\nregistrar pursuant to subdivision one or two of this section.\n (b) A registrar with whom an acknowledgment of parentage has been\nfiled pursuant to subdivision one or two of this section shall file the\nacknowledgment with the state department of health, the New York city\ndepartment of health and mental hygiene and the registry operated by the\ndepartment of social services pursuant to section three hundred\nseventy-two-c of the social services law. If the acknowledgment includes\nthe name and address of any known gamete donors of a child conceived\nthrough assisted reproduction, the state department of health or the New\nYork city department of health and mental hygiene shall mail a copy to\nthe known donors listed on the form with the social security numbers of\nthe signatories redacted.\n 4. The court shall give full faith and credit to an acknowledgment of\nparentage effective in another state if the acknowledgment was in a\nsigned record and otherwise complies with the law of the other state.\n 5. A new certificate of birth shall be issued if the certificate of\nbirth of the child as defined in paragraph (b) of subdivision one of\nsection four thousand one hundred thirty-five of this article has been\nfiled without entry of the name of the signatory other than the person\nwho gave birth, and the commissioner thereafter receives a notarized\nacknowledgment of parentage accompanied by the written consent of the\nperson who gave birth to the child and other signatory to the entry of\nthe name of such person, which consent may also be to a change in the\nsurname of the child.\n 6. Any reference to an acknowledgment of paternity in any law of this\nstate shall be interpreted to mean an acknowledgment of parentage signed\npursuant to this section or signed in another state consistent with the\nlaw of that state.\n