§ 111-K — Procedures relating to acknowledgments of parentage, agreements to support, and genetic tests

§ 111-k. Procedures relating to acknowledgments of parentage,\nagreements to support, and genetic tests. 1. A social services official\nor his or her designated representative who confers with a potential\nrespondent or respondent, hereinafter referred to in this section as the\n"respondent", the mother of a child born out of wedlock and any other\ninterested persons, pursuant to section one hundred eleven-c of this\ntitle, may obtain:\n (a) an acknowledgment of parentage of a child, as provided for in\narticle five-B or section five hundred sixteen-a of the family court\nact, by a written statement, witnessed by two people not related to the\nsignator or as provided for in section four thousand one hundred\nthirty-five-b of the public health law. Prior to the execution of such\nacknowledgment by the child's mother and the respondent, they shall be\nadvised, orally, which may be through the use of audio or video\nequipment, and in writing, of the consequences of making such an\nacknowledgment. Upon the signing of an acknowledgment of parentage\npursuant to this section, the social services official or his or her\nrepresentative shall file the original acknowledgment with the\nregistrar.\n (b) an agreement to make support payments as provided in section four\nhundred twenty-five of the family court act. Prior to the execution of\nsuch agreement, the respondent shall be advised, orally, which may be\nthrough the use of audio or video equipment, and in writing, of the\nconsequences of such agreement, that the respondent can be held liable\nfor support only if the family court, after a hearing, makes an order of\nsupport; that respondent has a right to consult with an attorney and\nthat the agreement will be submitted to the family court for approval\npursuant to section four hundred twenty-five of the family court act;\nand that by executing the agreement, the respondent waives any right to\na hearing regarding any matter contained in such agreement.\n 2. (a) When the paternity of a child is contested, a social services\nofficial or designated representative may order the mother, the child,\nand the alleged father to submit to one or more genetic marker or DNA\ntests of a type generally acknowledged as reliable by an accreditation\nbody designated by the secretary of the federal department of health and\nhuman services and performed by a laboratory approved by such an\naccreditation body and by the commissioner of health or by a duly\nqualified physician to aid in the determination of whether or not the\nalleged father is the father of the child. The order may be issued prior\nor subsequent to the filing of a petition with the court to establish\npaternity, shall be served on the parties by certified mail, and shall\ninclude a sworn statement which either (i) alleges parentage and sets\nforth facts establishing a reasonable possibility of the requisite\nsexual contact between the parties, or (ii) denies parentage and sets\nforth facts establishing a reasonable possibility that the party is not\nthe father. The parties shall not be required to submit to the\nadministration and analysis of such tests if they sign a voluntary\nacknowledgment of parentage in accordance with paragraph (a) of\nsubdivision one of this section, or if there has been a written finding\nby the court that it is not in the best interests of the child on the\nbasis of res judicata, equitable estoppel, the child was conceived\nthrough assisted reproduction or the presumption of legitimacy of a\nchild born to a married person.\n (b) The record or report of the results of any such genetic marker or\nDNA test may be submitted to the family court as evidence pursuant to\nsubdivision (e) of rule forty-five hundred eighteen of the civil\npractice law and rules where no timely objection in writing has been\nmade thereto.\n (c) The cost of any test ordered pursuant to this section shall be\npaid by the social services district provided however, that the alleged\nfather shall reimburse the district for the cost of such test at such\ntime as the alleged father's parentage is established by a voluntary\nacknowledgment of parentage or an order of filiation. If either party\ncontests the results of genetic marker or DNA tests, an additional test\nmay be ordered upon written request to the social services district and\nadvance payment by the requesting party.\n (d) The parties shall be required to submit to such tests and appear\nat any conference scheduled by the social services official or designee\nto discuss the notice of the allegation of paternity or to discuss the\nresults of such tests. If the alleged genetic parent fails to appear at\nany such conference or fails to submit to such genetic marker or DNA\ntests, the social services official or designee shall petition the court\nto establish parentage, provide the court with a copy of the records or\nreports of such tests if any, and request the court to issue an order\nfor temporary support pursuant to section five hundred forty-two of the\nfamily court act.\n 3. 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 this section, section four thousand one\nhundred thirty-five-b of the public health law or signed in another\nstate consistent with the law of that state.\n