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
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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-
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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;
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(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
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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.