Bill S4502-2011

Requires that any father of an out-of-wedlock child be listed on such child's birth certificate

Requires that any father of an out-of-wedlock child be listed on such child's birth certificate and provides for a procedure for such father to contest such listing.

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  • Jan 4, 2012: REFERRED TO HEALTH
  • Apr 7, 2011: REFERRED TO HEALTH

Memo

BILL NUMBER:S4502

TITLE OF BILL: An act to amend the public health law, in relation to birth certificates

PURPOSE: To require a father's name be stated on a child's birth certificate.

SUMMARY OF PROVISIONS: Section one amends subdivision 2 of section 4135 of the public health law by requiring a father's name be listed on the birth certificate of a child. A new section 4 is added which allows a father who is listed on a child's birth certificate to contest the paternity of such child.

EXISTING LAW: A father's name is not required.

JUSTIFICATION: This bill is intended to promote paternal responsibility. Requiring the father's name to be listed on a child's birth certificate serves to encourage and strengthen a relationship between a father and a child. In instances where birth parents are living apart from one another, it will ensure that a child has the ability to know the identity of his/her father. Additionally, and equally important, this requirement has a fiscal component. It will facilitate in holding fathers accountable and responsible for the financial support of their child/children. This bill will also help to determine eligibility for welfare benefits.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None.

LOCAL FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This bill takes effect on the thirtieth day after it shall have become a law.


Text

STATE OF NEW YORK ________________________________________________________________________ 4502 2011-2012 Regular Sessions IN SENATE April 7, 2011 ___________
Introduced by Sen. FLANAGAN -- read twice and ordered printed, and when printed to be committed to the Committee on Health AN ACT to amend the public health law, in relation to birth certificates THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 2 of section 4135 of the public health law, as amended by chapter 398 of the laws of 1997, is amended and a new subdi- vision 4 is added to read as follows: 2. The name, IF KNOWN, of the putative father of a child born out of wedlock shall [not] be entered on the certificate of birth [prior to filing without (i) an acknowledgment of paternity pursuant to section one hundred eleven-k of the social services law or section four thousand one hundred thirty-five-b of this article executed by both the mother and putative father, and filed with the record of birth; or (ii) notifi- cation having been received by, or proper proof having been filed with, the record of birth by the clerk of a court of competent jurisdiction or the parents, or their attorneys of a judgment, order or decree relating to parentage]. 4. A FATHER LISTED ON A CHILD'S BIRTH CERTIFICATE MAY CONTEST THE PATERNITY OF SUCH CHILD PURSUANT TO SECTION ONE HUNDRED ELEVEN-K OF THE SOCIAL SERVICES LAW. UPON ADJUDICATION THAT SUCH PERSON LISTED ON THE CHILD'S BIRTH CERTIFICATE IS NOT THE FATHER, A NEW BIRTH CERTIFICATE SHALL BE ISSUED PURSUANT TO SUBDIVISION ONE OF SECTION FOUR THOUSAND ONE HUNDRED THIRTY-EIGHT OF THIS ARTICLE WITHOUT SUCH PERSON'S NAME. S 2. This act shall take effect on the thirtieth day after it shall have become a law.

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