S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    451
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2023
                                ___________
 
 Introduced by M. of A. WEPRIN -- read once and referred 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  section  7  of part L of chapter 56 of the laws of 2020, is
 amended and a new subdivision 4 is added to read as follows:
   2. The name, IF KNOWN, of the alleged 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 parentage  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 alleged 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.
   §  2.  This  act shall take effect on the thirtieth day after it shall
 have become a law.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01538-01-3