S T A T E   O F   N E W   Y O R K
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                                  7375

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              May 14, 2013
                               ___________

Introduced  by  M. of A. WEINSTEIN -- (at request of the Office of Court
  Administration) -- read once and referred to the Committee on  Judici-
  ary

AN  ACT  to  amend  the  family  court act and the public health law, in
  relation to acknowledgments of paternity executed by  juveniles  under
  the age of eighteen

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivisions (b) and (c) of section  516-a  of  the  family
court act, as amended by chapter 462 of the laws of 2007, are amended to
read as follows:
  (b)  (i)  [An]  WHERE  A  SIGNATORY  TO AN acknowledgment of paternity
executed pursuant to section one hundred eleven-k of the social services
law or section four thousand one hundred  thirty-five-b  of  the  public
health  law HAD ATTAINED THE AGE OF EIGHTEEN AT THE TIME OF EXECUTION OF
THE ACKNOWLEDGMENT, THE SIGNATORY may [be rescinded] SEEK TO RESCIND THE
ACKNOWLEDGMENT by [either signator's] filing [of] a  petition  with  the
court  to  vacate the acknowledgment within the earlier of sixty days of
the date of signing the acknowledgment or the date of an  administrative
or a judicial proceeding (including, BUT NOT LIMITED TO, a proceeding to
establish a support order) relating to the child in which [either signa-
tor]  THE SIGNATORY is a party. [If, at any time before or after a peti-
tion is filed, a signator dies or becomes  mentally  ill  or  cannot  be
found within the state, neither the proceeding nor the right to commence
the  proceeding  shall abate but may be commenced or continued by any of
the persons authorized by this article to commence a paternity  proceed-
ing.]  For purposes of this section, the "date of an administrative or a
judicial proceeding" shall be  the  date  by  which  the  respondent  is
required to answer the petition. [The]
  (II)  WHERE  A  SIGNATORY  TO  AN ACKNOWLEDGMENT OF PATERNITY EXECUTED
PURSUANT TO SECTION ONE HUNDRED ELEVEN-K OF THE SOCIAL SERVICES  LAW  OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09330-07-3
              

A. 7375                             2

SECTION FOUR THOUSAND ONE HUNDRED THIRTY-FIVE-B OF THE PUBLIC HEALTH LAW
HAD  NOT  ATTAINED  THE  AGE OF EIGHTEEN AT THE TIME OF EXECUTION OF THE
ACKNOWLEDGMENT, THE SIGNATORY MAY SEEK TO RESCIND THE ACKNOWLEDGMENT  BY
FILING A PETITION WITH THE COURT TO VACATE THE ACKNOWLEDGMENT ANYTIME UP
TO  SIXTY DAYS AFTER THE SIGNATORY'S ATTAINING THE AGE OF EIGHTEEN YEARS
OR SIXTY DAYS AFTER THE DATE ON WHICH  THE  RESPONDENT  IS  REQUIRED  TO
ANSWER  A  PETITION (INCLUDING, BUT NOT LIMITED TO, A PETITION TO ESTAB-
LISH A SUPPORT ORDER) RELATING TO THE CHILD IN WHICH THE SIGNATORY IS  A
PARTY,  WHICHEVER IS EARLIER; PROVIDED, HOWEVER, THAT THE SIGNATORY MUST
HAVE BEEN ADVISED AT SUCH PROCEEDING OF HIS OR HER RIGHT TO FILE A PETI-
TION TO VACATE THE ACKNOWLEDGMENT WITHIN SIXTY DAYS OF THE DATE OF  SUCH
PROCEEDING.
  (III)  WHERE  A  PETITION TO VACATE AN ACKNOWLEDGMENT OF PATERNITY HAS
BEEN FILED IN ACCORDANCE WITH PARAGRAPH (I) OR (II) OF THIS SUBDIVISION,
THE court shall order genetic marker tests or DNA tests for the determi-
nation of the child's paternity. 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 res judicata, equitable  estoppel,  or  the
presumption  of  legitimacy  of  a child born to a married woman. If the
court determines, following the test, that the  person  who  signed  the
acknowledgment  is the father of the child, the court shall make a find-
ing of paternity and enter an order of filiation. If  the  court  deter-
mines that the person who signed the acknowledgment is not the father of
the child, the acknowledgment shall be vacated.
  [(ii)]  (IV)  After  the expiration of [sixty days of the execution of
the acknowledgment] THE TIME LIMITS SET FORTH IN PARAGRAPHS (I) AND (II)
OF THIS SUBDIVISION, [either signator] ANY  OF  THE  SIGNATORIES  TO  AN
ACKNOWLEDGMENT  OF PATERNITY may challenge the acknowledgment [of pater-
nity] in court by  alleging  and  proving  fraud,  duress,  or  material
mistake of fact. [If, at any time before or after a petition is filed, a
signator  dies  or  becomes  mentally  ill or cannot be found within the
state, neither the proceeding nor the right to commence  the  proceeding
shall  abate  but  may  be  commenced or continued by any of the persons
authorized by this article to commence a paternity proceeding.]  If  the
petitioner  proves to the court that the acknowledgment of paternity was
signed under fraud, duress, or due to a material mistake  of  fact,  the
court  shall THEN order genetic marker tests or DNA tests for the deter-
mination of the child's paternity. No such test shall be ordered, howev-
er, upon a written finding by the court that  it  is  not  in  the  best
interests of the child on the basis of res judicata, equitable estoppel,
or  the presumption of legitimacy of a child born to a married woman. If
the court determines, following the test, that the person who signed the
acknowledgment is the father of the child, the court shall make a  find-
ing  of  paternity  and enter an order of filiation. If the court deter-
mines that the person who signed the acknowledgment is not the father of
the child, the acknowledgment shall be vacated.
  (V) IF, AT ANY TIME BEFORE OR AFTER A SIGNATORY HAS FILED  A  PETITION
TO  VACATE  AN ACKNOWLEDGMENT OF PATERNITY PURSUANT TO THIS SUBDIVISION,
THE SIGNATORY DIES OR BECOMES MENTALLY ILL OR CANNOT BE FOUND WITHIN THE
STATE, NEITHER THE PROCEEDING NOR THE RIGHT TO COMMENCE  THE  PROCEEDING
SHALL  ABATE  BUT  MAY  BE  COMMENCED OR CONTINUED BY ANY OF THE PERSONS
AUTHORIZED BY THIS ARTICLE TO COMMENCE A PATERNITY PROCEEDING.
  (c) Neither [signator's] SIGNATORY'S legal obligations, including  the
obligation  for  child  support  arising from the acknowledgment, may be
suspended during the challenge to the  acknowledgment  except  for  good
cause  as the court may find. If the court vacates the acknowledgment of

A. 7375                             3

paternity, the court shall immediately provide a copy of  the  order  to
the  registrar of the district in which the child's birth certificate is
filed and also to the putative father registry operated by  the  depart-
ment  of social services pursuant to section three hundred seventy-two-c
of the social services law. In addition, if the mother of the child  who
is  the  subject  of  the  acknowledgment is in receipt of child support
services pursuant to title six-A of article three of the social services
law, the court shall immediately provide a copy  of  the  order  to  the
child  support  enforcement  unit  of  the social services district that
provides the mother with such services.
  S 2. Subdivisions 1 and 2 of section 4135-b of the public health  law,
subdivision  1 as added by chapter 59 of the laws of 1993, paragraph (a)
of subdivision 1 as amended by chapter 214 of the laws of 1998, subdivi-
sion 2 as amended by chapter 170 of the laws of 1994 and  paragraph  (b)
of  subdivision  2  as  amended  by chapter 398 of the laws of 1997, are
amended to read as follows:
  1. (a) Immediately preceding or following the in-hospital birth  of  a
child  to  an  unmarried woman, the person in charge of such hospital or
his or her designated representative shall provide to the child's mother
and putative father, if such father is readily identifiable  and  avail-
able,  the  documents and written instructions necessary for such mother
and putative father to complete an acknowledgment of paternity witnessed
by two persons not related to the  signatory.  Such  acknowledgment,  if
signed  by  both  parties,  at  any time following the birth of a child,
shall be filed with the registrar at the same time at which the  certif-
icate  of live birth is filed, if possible, or anytime thereafter. Noth-
ing herein shall be deemed to require  the  person  in  charge  of  such
hospital  or his or her designee to seek out or otherwise locate a puta-
tive father who is not readily identifiable or available.  The  acknowl-
edgment  shall be executed on a form provided by the commissioner devel-
oped in consultation with the appropriate commissioner of the department
of family assistance, which shall include the social security number  of
the  mother and of the putative father and provide in plain language (i)
a statement by the mother consenting to the acknowledgment of  paternity
and  a  statement  that the putative father is the only possible father,
(ii) a statement by the putative father that he is the biological father
of the child, and (iii) a statement that the signing of the  acknowledg-
ment  of  paternity by both parties shall have the same force and effect
as an order of filiation entered after a court hearing  by  a  court  of
competent  jurisdiction,  including an obligation to provide support for
the child except that, only if filed with the registrar of the  district
in  which  the birth certificate has been filed, will the acknowledgment
have such force and effect with respect to inheritance rights.
  (B) Prior to the execution of  an  acknowledgment  of  paternity,  the
mother  and  the  putative father shall be provided orally, which may be
through the use of audio or video equipment, and in  writing  with  such
information  as  is  required  pursuant  to this section with respect to
their rights and the consequences of signing a voluntary  acknowledgment
of paternity including, but not limited to[,]:
  (I)  that  the signing of the acknowledgment of paternity shall estab-
lish the paternity of the child and shall have the same force and effect
as an order of paternity or filiation issued by  a  court  of  competent
jurisdiction  establishing  the  duty of both parties to provide support
for the child;
  (II) that if such an acknowledgment is not made, the  putative  father
can  be  held liable for support only if the family court, after a hear-

A. 7375                             4

ing, makes an order declaring that the putative father is the father  of
the  child whereupon the court may make an order of support which may be
retroactive to the birth of the child;
  (III) that if made a respondent in a proceeding to establish paternity
the  putative  father  has a right to free legal representation if indi-
gent;
  (IV) that the putative father has a right to a genetic marker test  or
to a DNA test when available;
  (V)  that  by executing the acknowledgment, the putative father waives
his right to a hearing, to which he would otherwise be entitled, on  the
issue of paternity;
  (VI)  that  a  copy  of the acknowledgment of paternity shall be filed
with the putative father registry  pursuant  to  section  three  hundred
seventy-two-c  of  the  social  services  law,  and that such filing may
establish the child's right to  inheritance  from  the  putative  father
pursuant  to  clause (B) of subparagraph two of paragraph (a) of section
4-1.2 of the estates, powers and trusts law;
  (VII) that, if such acknowledgment is filed with the registrar of  the
district in which the birth certificate has been filed, such acknowledg-
ment will establish inheritance rights from the putative father pursuant
to  clause  (A) of subparagraph two of paragraph (a) of section 4-1.2 of
the estates, powers and trusts law;
  (VIII) that no further  judicial  or  administrative  proceedings  are
required  to  [ratio] RATIFY an unchallenged acknowledgment of paternity
provided, however, that [both the putative father and the mother of  the
child]:
  (A)  A  SIGNATORY  TO AN ACKNOWLEDGMENT OF PATERNITY, WHO HAD ATTAINED
THE AGE OF EIGHTEEN AT THE TIME  OF  EXECUTION  OF  THE  ACKNOWLEDGMENT,
SHALL have the right to rescind the acknowledgment within the earlier of
sixty days from the date of signing the acknowledgment or the date of an
administrative  or a judicial proceeding (including, BUT NOT LIMITED TO,
a proceeding to establish a support order)  relating  to  the  child  in
which  [either]  THE signatory is a party[;], PROVIDED that the "date of
an administrative or a judicial proceeding" shall be the date  by  which
the respondent is required to answer the petition;
  (B)  A  SIGNATORY  TO  AN  ACKNOWLEDGMENT  OF  PATERNITY,  WHO HAD NOT
ATTAINED THE AGE OF EIGHTEEN AT THE TIME OF EXECUTION OF THE ACKNOWLEDG-
MENT, SHALL HAVE THE RIGHT TO RESCIND THE ACKNOWLEDGMENT ANYTIME  UP  TO
SIXTY  DAYS AFTER THE SIGNATORY'S ATTAINING THE AGE OF EIGHTEEN YEARS OR
SIXTY DAYS AFTER THE DATE ON WHICH THE RESPONDENT IS REQUIRED TO  ANSWER
A  PETITION  (INCLUDING,  BUT  NOT LIMITED TO, A PETITION TO ESTABLISH A
SUPPORT ORDER) RELATING TO THE CHILD, WHICHEVER  IS  EARLIER;  PROVIDED,
HOWEVER, THAT THE SIGNATORY MUST HAVE BEEN ADVISED AT SUCH PROCEEDING OF
HIS  OR HER RIGHT TO FILE A PETITION TO VACATE THE ACKNOWLEDGMENT WITHIN
SIXTY DAYS OF THE DATE OF SUCH PROCEEDING;
  (IX) that after the expiration of [sixty days of the execution of  the
acknowledgment]  THE  TIME  LIMITS  SET  FORTH IN CLAUSES (A) AND (B) OF
SUBPARAGRAPH (VIII) OF THIS PARAGRAPH, [either  signatory]  ANY  OF  THE
SIGNATORIES  may challenge the acknowledgment of paternity in court only
on the basis of fraud, duress, or material mistake  of  fact,  with  the
burden of proof on the party challenging the voluntary acknowledgment;
  (X)  that  [they]  THE  PUTATIVE FATHER AND MOTHER may wish to consult
with [an attorney] ATTORNEYS before executing  the  acknowledgment;  and
that  they  have  the  right to seek legal representation and supportive
services including counseling regarding such acknowledgment;

A. 7375                             5

  (XI) that the acknowledgment of paternity may be  the  basis  for  the
putative  father establishing custody and visitation rights to the child
[; if the acknowledgment is signed, it may be the basis] AND for requir-
ing the putative father's consent prior to an adoption proceeding;
  (XII)  THAT  the mother's refusal to sign the acknowledgment shall not
be deemed a failure to  cooperate  in  establishing  paternity  for  the
child; and
  (XIII)  THAT  the child may bear the last name of either parent, which
name shall not affect the legal status of the child.
In addition, the governing body  of  such  hospital  shall  insure  that
appropriate  staff  shall  provide  to  the  child's mother and putative
father, prior to the mother's discharge from the hospital, the  opportu-
nity  to  speak with hospital staff to obtain clarifying information and
answers to their questions about paternity establishment, and shall also
provide the telephone number of the local support collection unit.
  [(b)] (C) Within ten days after receiving the  certificate  of  birth,
the registrar shall furnish without charge to each parent or guardian of
the  child  or  to  the mother at the address designated by her for that
purpose, a certified copy of the certificate of birth and,  if  applica-
ble, a certified copy of the written acknowledgment of paternity. If the
mother  is  in receipt of child support enforcement services pursuant to
title six-A of article three of the social services law,  the  registrar
also shall furnish without charge a certified copy of the certificate of
birth and, if applicable, a certified copy of the written acknowledgment
of  paternity to the social services district of the county within which
the mother resides.
  2. (a) When a child's paternity is acknowledged  voluntarily  pursuant
to  section  one hundred eleven-k of the social services law, the social
services official  shall  file  the  executed  acknowledgment  with  the
registrar  of  the district in which the birth occurred and in which the
birth certificate  has been filed.
  (b) Where a child's paternity has not  been  acknowledged  voluntarily
pursuant  to  paragraph  (a) of subdivision one of this section or para-
graph (a) of this subdivision,  the  child's  mother  and  the  putative
father  may voluntarily acknowledge a child's paternity pursuant to this
paragraph by signing the acknowledgment of paternity [provided, however,
that both the putative father and the mother of the child].
  (C) A SIGNATORY TO AN ACKNOWLEDGMENT OF PATERNITY,  WHO  HAS  ATTAINED
THE AGE OF EIGHTEEN AT THE TIME OF EXECUTION OF THE ACKNOWLEDGMENT SHALL
have the right to rescind the acknowledgment within the earlier of sixty
days  from  the  date  of  signing  the acknowledgment or the date of an
administrative or a judicial proceeding (including, BUT NOT LIMITED  TO,
a  proceeding  to  establish  a  support order) relating to the child in
which either signatory is a party; PROVIDED that for  purposes  of  this
section,  the "date of an administrative or a judicial proceeding" shall
be the date by which the respondent is required to answer the petition[;
that after].
  (D) A SIGNATORY  TO  AN  ACKNOWLEDGMENT  OF  PATERNITY,  WHO  HAS  NOT
ATTAINED THE AGE OF EIGHTEEN AT THE TIME OF EXECUTION OF THE ACKNOWLEDG-
MENT,  SHALL  HAVE THE RIGHT TO RESCIND THE ACKNOWLEDGMENT ANYTIME UP TO
SIXTY DAYS AFTER THE SIGNATORY'S ATTAINING THE AGE OF EIGHTEEN YEARS  OR
SIXTY  DAYS AFTER THE DATE ON WHICH THE RESPONDENT IS REQUIRED TO ANSWER
A PETITION (INCLUDING, BUT NOT LIMITED TO, A  PETITION  TO  ESTABLISH  A
SUPPORT  ORDER) RELATING TO THE CHILD IN WHICH THE SIGNATORY IS A PARTY,
WHICHEVER IS EARLIER; PROVIDED, HOWEVER, THAT THE  SIGNATORY  MUST  HAVE
BEEN  ADVISED  AT SUCH PROCEEDING OF HIS OR HER RIGHT TO FILE A PETITION

A. 7375                             6

TO VACATE THE ACKNOWLEDGMENT WITHIN SIXTY  DAYS  OF  THE  DATE  OF  SUCH
PROCEEDING.
  (E)  AFTER  the  expiration  of  [sixty  days  of the execution of the
acknowledgment] THE TIME LIMITS SET FORTH IN PARAGRAPHS (C) AND  (D)  OF
THIS SUBDIVISION, [either signator] ANY OF THE SIGNATORIES may challenge
the  acknowledgment  of  paternity  in court only on the basis of fraud,
duress, or material mistake of fact, with the burden  of  proof  on  the
party challenging the voluntary acknowledgment. The acknowledgment shall
have full force and effect once so signed. The original or a copy of the
[acknowledgement]  ACKNOWLEDGMENT  shall  be filed with the registrar of
the district in which the birth certificate has been filed.
  S 3. This act shall take effect on the ninetieth day  after  it  shall
have become a law.