NY State Senate Bill 2023-S1787

Senate Bill S1787

2023-2024 Legislative Session

Establishes confirmatory adoptions and allowing courts to grant the custody and support from more than two parents

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Current Bill Status - In Senate Committee Children And Families Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to children and families
Jan 17, 2023	referred to children and families

co-Sponsors

2023-S1787 (ACTIVE) - Details

See Assembly Version of this Bill:: A10259
Current Committee:: Senate Children And Families
Law Section:: Domestic Relations Law
Laws Affected:: Amd §§109 & 70, add Art 7 Title 5 §§119 - 119-c, Dom Rel L; add Art 5-D Part 1 §582-101, Part 2 §§582-102 - 582-104, Part 3 §§582-105 - 582-106, amd §413, Fam Ct Act
Versions Introduced in 2021-2022 Legislative Session:: S9280, A10523

2023-S1787 (ACTIVE) - Summary

Establishes confirmatory adoptions allowing adoption and parentage judgements for a child with more than two parents; recognizes functional parents as legal parents; allows "de facto parents" to get a court order confirming their parentage; grants all legal parents standing to seek visitation or custody of their children.

2023-S1787 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S1787

SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:

An act to amend the domestic relations law and the family court act, in
relation to establishing confirmatory adoptions and allowing courts to
grant the custody and support from more than two parents

 
PURPOSE:

Establishes confirmatory adoptions and allowing courts to grant the
custody and support from more than two parents

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one amends the Domestic Relations Law Article 7 by adding to
Title 1 Section 109 a definition for the term "confirmatory adoption".

Section two amends the Domestic Relations Law Article 7 by adding a new
title, Title 5 "Confirmatory Adoptions," that allows parents who
conceived their children using ART to adopt them using a streamlined

process, and sets forth the procedure for such confirmatory adoptions.

Section three amends Article 5 of the Family Court Act by adding a new
Article 5-D (title).

Part one provides relevant definitions relating to parentage, including
adding a presumption of parentage for individuals who reside in the same
household as a child and hold them out as their own.

Part two sets forth the requirements to qualify as a de facto parent of
a child and the procedure for obtaining a judgment of parentage.

Part three sets forth provisions for court adjudication of competing
claims of parentage and authorizes courts to find a child to have more
than two parents in certain circumstances.

Section four amends the Domestic Relations Law Article 5 Section 70(a)
to allow any parent to seek custody of their child and make clear that a
court may grant custody to more than two parents.

Section five amends The Family Court Act Article 4 to reflect that a
child may have a legal relationship with more than two parents.

 
JUSTIFICATION:

This bill makes adoption and parentage more accessible to LGBTQ fami-
lies, especially those who conceive through assisted reproduction, and
affords them the same rights and protections other parents enjoy. New
York enacted the Child Parent Security Act (CPSA) in 2020 to make the
state's family law to protect families that use assisted reproduction,
including LGBTQ families. The law made many positive changes, including
allowing same sex parents using assisted reproduction to sign a Volun-
tary Acknowledgement of Parentage (VAP), clarifying the parentage of
children conceived using assisted reproductive technology, and legaliz-
ing compensated surrogacy. It was an incredible step forward, but there
is still more to be done in New York to give LGBTQ and other nontradi-
tional families the protections they need and deserve under the law. The
first and second sections of this proposed legislation establish a
streamlined confirmatory adoption process for parents who are already
recognized as parents under New York law. Currently, when a child
conceived through assisted reproduction is born to LGBTQ parents, both
members of the couple are legal parents under the Child Parent Security
Act. But many such families still need to complete an adopti on to be
sure their parental rights will be respected. A family who plans to
travel abroad or pass foreign citizenship onto their child may need to
adopt because many countries do not recognize judgments of parentage and
discriminate against LGBTQ families. Completing such an adoption
currently requires an expensive and intrusive process including a back-
ground check and home inspection even though the parents are adopting
their own child. This bill creates a streamlined confirmatory adoption
process that will protect LGBTQ families facing a denial of their
parental rights in other countries.

Nineteen states, including Massachusetts, Connecticut, and New Jersey,
have already created a streamlined confirmatory adoption process to
allow people who are already legal parents to obtain a judgment of
adoption efficiently and affordably. Current New York law fails same-sex
couples seeking to confirm their parentage through adoption because it
forces them to go through the standard adoption process that requires a
home investigation and criminal background check. The home inspection,
background check, and hearing process is extremely expensive, intrusive,
and time consuming, making it inaccessible to many parents. This bill
establishes a consistent streamlined confirmatory adoption process where
people who already have legal parentage over their children can confirm
that relationship through adoption without a home inspection, criminal
background check, or a court hearing, which will make the process
affordable and more accessible to LGBTQ families.

The third section of this bill will recognize functional parents who
have cared for and raised a child, either from birth or for a signif-
icant portion of the child's life, but have not been legally recognized
as parents. § 582-101, the "holding out" provision recognizes a parent
who has lived with a child since their birth or adoption, functioned as
the child's parent and presented themselves to the world as the child's
parent. The bill also creates a court adjudication process to recognize
de facto parents, who are people that are not biological or legal
parents of the child but function as parents of a child, raising and
loving the child as their own, as legal parents of the child. It will
create a clear, accessible path to legal parentage for LGBTQ parents who
have been functioning as parents of their child without legal rights or
protection. This parentage process will be a vital step forward in
protecting the parent-child relationship for LGBTQ family situations
that aren't covered under the existing parentage provisions.

The bill also makes clear that people who have been adjudicated to be a
parent under de facto parentage and holding out will have the same
rights and responsibilities as any other parent, including an obligation
to financially support the child. Moreover, the proposed legislation
protects survivors of domestic abuse because it specifically precludes
abusers from seeking custody of a victim's child by claiming the victim
fostered a parent-child relationship between the abuser and their child.
At present, existing New York parentage law does not protect a victim
who was intimidated into allowing an abuser to form a relationship with
their child. Under this bill, if someone who is seeking de facto parent-

age is has engaged in intimate partner violence, the victim can submit
evidence of that abuse to defeat the abuser's parentage claim.

In today's society, it is becoming more and more common for a child to
have more than two parents. The second and third sections of this bill
include provisions allowing courts to recognize more than two parents of
a child when it is in the child's best interests.  Multi-parent planned
families come in many forms, such as same-sex couples who conceive a
child with a third person who, unlike a donor or surrogate, is a full
co-parent of the child. Furthermore, polyamorous families, where more
than two people have a romantic relationship, with the consent of all
the people involved, can result in a multi-parent family if they create
or raise a child together.

Within the past few years, states have begun to recognize the existence
of multi-parent families. Six states, including California, Vermont, and
Connecticut, have enacted statutes that recognize a child can have more
than two legal parents. The 2017 Uniform Parentage Act, adopted by the
Uniform Law Commission to assist the states in updating their laws to
reflect best practices also allows legal recognition of families with
more than two parents. U.P.A § 613 (amended 2017). Some New York courts
have also acted to protect children with more than two parents. In 2017,
a New York court upheld a child's relationship with his three parents in
Dawn M. v. Michael M. because failing to recognize the child's third
parent would deprive him of a continued relationship with the person he
understood to be his mother and undermine his best interests. Dawn M. v.
Michael M. 55 Misc. 3d 865 (Sup Ct, NY County 2017). When a child has an
established relationship with three loving parents, the law should
recognize those relationships and protect the child and their parents.
This legislation will allow give courts explicit authority to recognize
a child to have more than two parents when not doing so would be detri-
mental to the child. The bill also al lows existing parents to consent
to another parent adopting their child in a confirmatory adoption case,
thereby permitting a child to have more than two adoptive parents when
all parents consent.

Relatedly, the fourth and fifth sections of the bill amend current New
York custody and child support laws to accommodate multi-parent fami-
lies. The fourth section of the bill changes Article 5, Section 4 of the
New York Domestic Relations Law § 70 so that "any" parent of a child may
file a court action for custody. New York courts have interpreted the
current language of the statute, which reads "either parent" as barring
more than two parents from having standing to seek custody of a child
See Matter of David S. v. Samantha G. 59 Misc. 3d 960 (Fam Ct 2018)
(holding that "there is not currently any New York statute which grants
legal parentage to three parties, nor is there any New York case law
precedent for such a determination"); Matter of Shanna 0. v James P. 176
A.D.3d 1334 (3rd Dept 2019) (holding that, barring extraordinary circum-
stances, de facto parents do not have standing to seek custody); (Matter
of Tomeka N.H. v. Jesus R.), 183 A.D.3d 106 (4th Dept 2020) (holding
that the use of the word "either" in the statute indicates that a child
can only have two legal parents and a third party petitioner may only
establish standing when there is a pre-conception agreement with the
biological parent to raise the child as co-pare nts. This meant that a
person who functioned as a child's parent could not seek custody of the
child if the child already had two legal parents, no matter how long
they cared for the child or how important the functional parent was to
the child. This proposed legislation will give courts the ability to
recognize all parents of a child and review their custody claims, award-
ing custody to more than two parents where it is in the child's best
interests to do so. This will protect children in non-traditional fami-
lies, ensuring they cannot be torn apart from functional parents who
love and care for them.

The fifth section of the bill will similarly amend the Family Court Act
Article 4 Section 5 language concerning child support, changing current
language that uses "either" or "both" parents to "any" and "all" parents
to ensure that every person considered to be a legal parent of a child
will have an obligation to financially support that child. This ensures
that a child with more than two parents can receive all the support they
are entitled to.

LGBTQ+ families have historically been denied basic and vital legal
protections in the United States and in New York. The gaps in current
New York family law when it comes to the recognition of non-biological
parent-child relationships puts LGBTQ+ families and children in a
vulnerable position. For New York to truly be able to claim it is a safe
and progressive state for the LGBTQ+ community, the legislature needs to
expand the current parentage and adoption framework to be inclusive of
all types of families. This memo advocates legislative action as the
preferred route for further family law reform, particularly for adoption
and de facto parentage.  Such legislation ultimately results in a
predictable, more enduring framework allowing same-sex couples and
nontraditional families to secure their legal parentage, and more impor-
tantly, providing children the legal protection of all parents.

 
LEGISLATIVE HISTORY:

S.9280 of 2021-2022 (Hoylman): Died in Children and Families

A.10523 of 2021-2022 (Gonzelez-Rojas): Died in Judiciary

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made and completed
on or before such effective date.

2023-S1787 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1787
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 17, 2023
                                ___________
 
 Introduced  by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
   when printed to be committed to the Committee on Children and Families
 
 AN ACT to amend the domestic relations law and the family court act,  in
   relation to establishing confirmatory adoptions and allowing courts to
   grant the custody and support from more than two parents

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 109 of the domestic relations  law  is  amended  by
 adding a new subdivision 8 to read as follows:
   8.  "CONFIRMATORY  ADOPTION"  SHALL  MEAN AN ADOPTION OF A CHILD BY AN
 EXISTING LEGAL PARENT PURSUANT TO TITLE FIVE OF THIS ARTICLE.
   § 2. Article 7 of the domestic relations law is amended  by  adding  a
 new title 5 to read as follows:
                                   TITLE V
                          CONFIRMATORY ADOPTIONS
 
 SECTION 119. PURPOSE OF TITLE.
         119-A. ELIGIBILITY TO FILE FOR CONFIRMATORY ADOPTION.
         119-B. PROCEDURE ON APPLICATION FOR CONFIRMATORY ADOPTION.
         119-C. MULTI-PARENT ADOPTION.
 § 119. PURPOSE  OF  TITLE.  THE  PURPOSE  OF  THIS  TITLE IS TO CREATE A
 STREAMLINED ADOPTION PROCESS FOR A  CHILD'S  PARENTS  TO  CONFIRM  THEIR
 PARENT-CHILD  RELATIONSHIP  THROUGH  AN ADOPTION IN ORDER TO PROTECT THE
 CHILD'S BEST INTERESTS. SUCH ADOPTION PROCESS SHALL ENSURE  ALL  PARENTS
 ARE  AFFORDED  FULL RIGHTS AND PROTECTIONS EQUIVALENT TO THAT OF BIOLOG-
 ICAL PARENTS, ESPECIALLY FOR CHILDREN CONCEIVED THROUGH ASSISTED REPROD-
 UCTION.
   § 119-A. ELIGIBILITY TO FILE FOR CONFIRMATORY ADOPTION. 1. PARENTS  OF
 A CHILD MAY FILE A JOINT PETITION FOR A CONFIRMATORY ADOPTION TO CONFIRM
 THEIR  PARENTAGE. THOSE ELIGIBLE INCLUDE THE CHILD'S INTENDED PARENTS AS
 DEFINED IN SECTION 581-102 OF THE FAMILY COURT ACT AND  THE  CURRENT  OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05046-01-3

 S. 1787                             2
 
 FORMER SPOUSE OF A BIRTHING PARENT, PROVIDED THAT THE PERSON IS NAMED ON
 THE CHILD'S BIRTH CERTIFICATE AS A PARENT.
   2.  ALL  LIVING  PARENTS  OF  A CHILD SEEKING TO FILE FOR CONFIRMATORY
 ADOPTION PURSUANT TO SUBDIVISION ONE OF THIS SECTION SHALL JOINTLY  FILE
 A PETITION FOR A JUDGMENT OF ADOPTION WITH THE COURT AND INCLUDE:
   (A)  PROOF  OF MARRIAGE BETWEEN THE PETITIONERS, ENTERED INTO PRIOR TO
 THE BIRTH OF THE CHILD; OR
   (B) A  GOVERNMENT-ISSUED  BIRTH  CERTIFICATE  LISTING  PETITIONERS  AS
 PARENTS OF THE CHILD.
   §  119-B. PROCEDURE ON APPLICATION FOR CONFIRMATORY ADOPTION. 1. ALONG
 WITH THE COMPLAINT FOR A FINAL JUDGMENT OF ADOPTION,  AN  INDIVIDUAL  OR
 INDIVIDUALS SEEKING ADOPTION SHALL FILE A PETITION WITH THE COURT CERTI-
 FYING THE FOLLOWING:
   (A) THE APPLICANT'S NAME OR APPLICANTS' NAMES, RESIDENTIAL ADDRESS AND
 TELEPHONE NUMBER;
   (B)  A  STATEMENT BY THE APPLICANT OR APPLICANTS THAT THEY ARE SEEKING
 CERTIFICATION BY THE COURT AS A PERSON OR PERSONS QUALIFIED TO ADOPT THE
 CHILD TO WHOM THEY ARE ALREADY A LEGAL PARENT;
   (C) A STATEMENT BY THE APPLICANT OR APPLICANTS THAT  ALL  THE  CHILD'S
 LIVING PARENT'S CONSENT TO THE CONFIRMATORY ADOPTION; AND
   (D)  A  WRITTEN  DECLARATION  SIGNED BY ALL PARTIES TO THE ACTION THAT
 DESCRIBES IN SUFFICIENT DETAIL HOW THE CHILD WAS CONCEIVED  AND  IDENTI-
 FIES  ANY OTHER INVOLVED PARTIES SO THAT THE COURT MAY DETERMINE WHETHER
 THOSE INDIVIDUALS HAVE PARENTAL RIGHTS TO THE CHILD.
   2. THE COURT SHALL ISSUE A JUDGMENT OF ADOPTION CONFIRMING PARTIES  TO
 THE  ACTION  AS  THE  LEGAL PARENTS OF THE CHILD WITHOUT THE NEED FOR AN
 APPEARANCE BY THE PARTIES.
   3. IF THERE ARE ANY OTHER INDIVIDUALS WITH A CLAIM TO  PARENTAGE,  THE
 COURT  MAY DETERMINE IF THE PARENTAL RIGHTS OF THAT INDIVIDUAL HAVE BEEN
 RELINQUISHED OR TERMINATED AND PROCEED WITHOUT  A  HEARING  PURSUANT  TO
 SUBDIVISION TWO OF THIS SECTION.
   4.  THE COURT SHALL, IF IT DETERMINES THAT ANOTHER INDIVIDUAL MAY HAVE
 EXISTING PARENTAL RIGHTS TO THE CHILD, ORDER AND CONDUCT  A  HEARING  ON
 THE  MATTER,  PROVIDED  NOTICE  IS  GIVEN  TO ALL PARTIES OF THE ACTION,
 BEFORE ISSUING A JUDGMENT OF ADOPTION. IF THE COURT  FINDS  THERE  IS  A
 COMPETING  CLAIM  OF  PARENTAGE  AND  ALL PARTIES DO NOT CONSENT TO SUCH
 CLAIM, THE COURT SHALL DISMISS THE PETITION WITHOUT  PREJUDICE  AND  THE
 PARTIES  MAY  REFILE  THEIR  ADOPTION  PETITION  PURSUANT TO SECTION ONE
 HUNDRED FIFTEEN OF  THIS ARTICLE.
   5. THE COURT FILING FEES AND OTHER CERTIFICATION,  INVESTIGATION,  AND
 CRIMINAL  BACKGROUND  CHECK REQUIREMENTS FOR PRIVATE-PLACEMENT ADOPTIONS
 PURSUANT TO SECTION ONE HUNDRED FIFTEEN-D OR ONE HUNDRED SIXTEEN OF THIS
 ARTICLE SHALL NOT APPLY.
   6. NOTHING IN THIS TITLE SHALL BE DEEMED TO  SUMMARILY  EXTINGUISH  OR
 TERMINATE THE PARENTAL RIGHTS OF ANY INDIVIDUAL.
   7. THE CHIEF ADMINISTRATOR OF THE COURT SHALL PROMULGATE THE NECESSARY
 RULES TO EFFECTUATE THE PROVISIONS OF THIS TITLE.
   §  119-C.  MULTI-PARENT  ADOPTION.  1. THE TERMINATION OF THE PARENTAL
 DUTIES AND RESPONSIBILITIES OF AN EXISTING PARENT OR PARENTS PURSUANT TO
 SECTION ONE HUNDRED ELEVEN OF THIS ARTICLE MAY BE  WAIVED  IF  BOTH  THE
 EXISTING  PARENT  OR  PARENTS  AND  THE  PROSPECTIVE  ADOPTIVE PARENT OR
 PARENTS CONSENT TO SUCH WAIVER IN WRITING  AT  ANY  TIME  PRIOR  TO  THE
 FINALIZATION  OF  THE ADOPTION. SUCH WRITTEN CONSENT SHALL BE FILED WITH
 THE COURT.
   2. AFTER RECEIPT OF THE WAIVER PURSUANT TO  SUBDIVISION  ONE  OF  THIS
 SECTION,  IF THE PROSPECTIVE ADOPTIVE PARENT HAS ALREADY BEEN RECOGNIZED
 S. 1787                             3
 
 TO BE ONE OF MORE THAN TWO LEGAL PARENTS OF THE  CHILD,  THE  COURT  MAY
 PROCEED  WITH  THE CONFIRMATORY ADOPTIVE PROCESS PURSUANT TO SECTION ONE
 HUNDRED NINETEEN-B OF THIS TITLE.
   §  3.  The  family court act is amended by adding a new article 5-D to
 read as follows:
                                 ARTICLE 5-D
                         PRESUMPTION OF PARENTAGE

 PART 1. GENERAL PROVISIONS (582-101)
      2. DE FACTO PARENT (582-102 - 582-104)
      3. COURT ADJUDICATION  OF  PARENTAGE  FOR  A  CHILD  WITH  MULTIPLE
           PARENTS (582-105 - 582-106)
                                   PART 1
                            GENERAL PROVISIONS
 SECTION 582-101. PRESUMPTION OF PARENTAGE.
   § 582-101.  PRESUMPTION OF PARENTAGE. (A) AN INDIVIDUAL IS PRESUMED TO
 BE A PARENT OF A CHILD IF, EXCEPT AS OTHERWISE  PROVIDED  UNDER  SECTION
 581-406 OF THIS CHAPTER, THE INDIVIDUAL AND THE PERSON WHO GAVE BIRTH TO
 THE CHILD:
   (1)    ARE  MARRIED  TO  EACH  OTHER  AND THE CHILD IS BORN DURING THE
 MARRIAGE, WHETHER THE MARRIAGE IS OR COULD BE DECLARED INVALID;
   (2) ARE MARRIED TO EACH OTHER AND THE CHILD  IS  BORN  NO  LATER  THAN
 THREE  HUNDRED  DAYS AFTER THE MARRIAGE IS TERMINATED BY DEATH, DIVORCE,
 DISSOLUTION, ANNULMENT, OR DECLARATION OF INVALIDITY, OR AFTER A  DECREE
 OF  SEPARATION OR SEPARATE MAINTENANCE, WHETHER THE MARRIAGE IS OR COULD
 BE DECLARED INVALID; OR
   (3) HAVE MARRIED EACH OTHER AFTER THE BIRTH OF THE CHILD, WHETHER  THE
 MARRIAGE IS OR COULD BE DECLARED INVALID, AND THE INDIVIDUAL AT ANY TIME
 ASSERTED PARENTAGE OF THE CHILD AND:
   (I) THE ASSERTION IS IN A RECORD FILED WITH A STATE AGENCY MAINTAINING
 BIRTH RECORDS;
   (II) THE INDIVIDUAL AGREED TO BE AND IS NAMED AS A PARENT OF THE CHILD
 ON THE BIRTH CERTIFICATE OF THE CHILD; OR
   (III)  THE INDIVIDUAL RESIDED IN THE SAME HOUSEHOLD WITH THE CHILD AND
 OPENLY HELD OUT THE CHILD AS THE INDIVIDUAL'S OWN CHILD  FROM  THE  TIME
 THE  CHILD  WAS  BORN  OR ADOPTED AND FOR A PERIOD OF AT LEAST TWO YEARS
 THEREAFTER, INCLUDING ANY PERIOD OF TEMPORARY ABSENCE.
   (B) A PRESUMPTION OF PARENTAGE UNDER THIS SECTION MAY BE OVERCOME, AND
 COMPETING CLAIMS TO PARENTAGE MAY BE RESOLVED, ONLY BY  AN  ADJUDICATION
 UNDER SECTION 582-105 OF THIS ARTICLE.
                                   PART 2
                              DE FACTO PARENT
 SECTION 582-102. DEFINITIONS.
         582-103. ELIGIBILITY  FOR  A DE FACTO PARENT TO FILE FOR A JUDG-
                  MENT OF PARENTAGE.
         582-104. PROCEDURE FOR A DE FACTO PARENT TO FILE FOR A  JUDGMENT
                  OF PARENTAGE.
   § 582-102. DEFINITIONS.  AS  USED IN THIS ARTICLE, THE FOLLOWING TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "PARENTAGE" MEANS THE CONTINUING RELATIONSHIP BETWEEN A CHILD  AND
 THEIR  PARENTS,  WHICH  CAN BE SHARED, IN CERTAIN CIRCUMSTANCES, BY MORE
 THAN TWO PARENTS, EACH HAVING A DEGREE OF RESPONSIBILITY.
   (B) "DE FACTO PARENT" MEANS A PERSON WHO EXERCISED PARENTAL  RESPONSI-
 BILITY  FOR THE CHILD AND ACTED IN A PARENTAL ROLE FROM BIRTH, OR FOR AT
 LEAST ONE YEAR, TO HAVE ESTABLISHED A BONDED AND DEPENDENT  RELATIONSHIP
 WITH THE CHILD THAT IS PARENTAL IN NATURE.
 S. 1787                             4
 
   § 582-103. ELIGIBILITY FOR A DE FACTO PARENT TO FILE FOR A JUDGMENT OF
 PARENTAGE.  (A)  IN A PROCEEDING TO ADJUDICATE PARENTAGE OF A PERSON WHO
 CLAIMS TO BE A DE FACTO PARENT OF THE CHILD, IF THERE IS ONLY ONE  OTHER
 PERSON  WHO  IS  A  PARENT OR HAS A CLAIM TO PARENTAGE OF THE CHILD, THE
 COURT SHALL ADJUDICATE THE PETITIONER TO BE A PARENT OF THE CHILD IF THE
 PERSON DEMONSTRATES BY CLEAR AND CONVINCING EVIDENCE THAT:
   (1)  THE  PERSON  RESIDED  WITH  THE  CHILD AS A REGULAR MEMBER OF THE
 CHILD'S HOUSEHOLD FROM THE CHILD'S BIRTH, OR  FOR  AT  LEAST  ONE  YEAR,
 UNLESS  THE  COURT  FINDS GOOD CAUSE TO ACCEPT A SHORTER PERIOD OF RESI-
 DENCE AS A REGULAR MEMBER OF THE CHILD'S HOUSEHOLD;
   (2) THE PERSON ENGAGED IN CONSISTENT CARETAKING OF THE CHILD WHICH MAY
 INCLUDE REGULARLY CARING FOR THE CHILD'S  NEEDS  AND  MAKING  DAY-TO-DAY
 DECISIONS REGARDING THE CHILD INDIVIDUALLY OR COOPERATIVELY WITH ANOTHER
 LEGAL PARENT;
   (3)  THE  PERSON  UNDERTOOK  FULL  AND PERMANENT RESPONSIBILITIES OF A
 PARENT OF THE CHILD WITHOUT EXPECTATION OF FINANCIAL COMPENSATION;
   (4) THE PERSON HELD OUT THE CHILD AS THEIR OWN;
   (5) ANOTHER PERSON CONSENTED TO, AND FOSTERED, THE PETITIONER'S FORMA-
 TION AND ESTABLISHMENT OF A PARENT-LIKE RELATIONSHIP WITH THE CHILD;
   (6) THE PERSON ESTABLISHED A BONDED AND  DEPENDENT  RELATIONSHIP  WITH
 THE CHILD THAT IS PARENTAL IN NATURE; AND
   (7) CONTINUING THE RELATIONSHIP BETWEEN THE PERSON AND THE CHILD IS IN
 THE BEST INTEREST OF THE CHILD.
   (B)  IN A PROCEEDING TO ADJUDICATE PARENTAGE OF A PERSON WHO CLAIMS TO
 BE A DE FACTO PARENT OF THE CHILD, IF  THERE  IS  MORE  THAN  ONE  OTHER
 PERSON  WHO IS A PARENT OR HAS A CLAIM TO PARENTAGE OF THE CHILD AND THE
 COURT DETERMINES THAT THE REQUIREMENTS OF THIS SECTION AND SECTION  582-
 106  OF  THIS  ARTICLE ARE SATISFIED, THE COURT SHALL AWARD PARENTAGE TO
 THE PERSON CLAIMING TO BE A DE FACTO PARENT, PROVIDED  THE  ADJUDICATION
 OF  A  PERSON  AS A PARENT UNDER THIS SECTION SHALL NOT DISESTABLISH THE
 PARENTAGE OF ANY OTHER PARENT,  NOR  LIMIT  ANY  OTHER  PARENT'S  RIGHTS
 PURSUANT TO ANY OTHER LAW OF THE STATE.
   (C)  AN EXISTING PARENT OF THE CHILD MAY USE EVIDENCE OF DURESS, COER-
 CION OR THREAT OF HARM TO CONTEST AN ALLEGATION THAT THE PERSON  SEEKING
 TO BE ADJUDICATED AS A PARENT FOSTERED OR SUPPORTED A BONDED AND DEPEND-
 ENT  RELATIONSHIP  AS  DESCRIBED  IN  THIS  SECTION.  SUCH  EVIDENCE MAY
 INCLUDE:
   (1) WHETHER WITHIN  A  TEN-YEAR  PERIOD  PRECEDING  THE  DATE  OF  THE
 PROCEEDING, THE PERSON SEEKING TO BE ADJUDICATED AS A DE FACTO PARENT:
   (I)  HAS  BEEN CONVICTED OF DOMESTIC ASSAULT, SEXUAL ASSAULT OR SEXUAL
 EXPLOITATION OF THE CHILD OR A PARENT OF THE CHILD;
   (II) HAS BEEN CONVICTED OF A FAMILY  VIOLENCE  CRIME,  AS  DEFINED  BY
 TITLE  O  OF  THE  PENAL  LAW, AND IS OR HAS BEEN SUBJECT TO AN ORDER OF
 PROTECTION ISSUED BY A FAMILY COURT; OR
   (III) WAS FOUND BY A COURT TO HAVE COMMITTED ABUSE AGAINST  THE  CHILD
 OR A PARENT OF THE CHILD;
   (2)  A  SWORN  AFFIDAVIT  FROM A DOMESTIC VIOLENCE COUNSELOR OR SEXUAL
 ASSAULT COUNSELOR, PROVIDED THE PERSON  WHO  HAD  CONFIDENTIAL  COMMUNI-
 CATIONS WITH THE DOMESTIC VIOLENCE COUNSELOR OR SEXUAL ASSAULT COUNSELOR
 HAS WAIVED THE PRIVILEGE; OR
   (3)  OTHER  CREDIBLE EVIDENCE OF ABUSE AGAINST THE PARENT OF THE CHILD
 OR THE CHILD, INCLUDING, BUT NOT LIMITED TO,  THE  PARENT'S  OR  CHILD'S
 SWORN  AFFIDAVIT OR AN AFFIDAVIT FROM A SOCIAL SERVICES PROVIDER, HEALTH
 CARE PROVIDER, CLERGY PERSON, ATTORNEY, OR OTHER PROFESSIONAL FROM  WHOM
 THE PARENT OR CHILD SOUGHT ASSISTANCE REGARDING THE ABUSE.
 S. 1787                             5
 
   §  582-104.  PROCEDURE FOR A DE FACTO PARENT TO FILE FOR A JUDGMENT OF
 PARENTAGE. (A) A PROCEEDING TO ESTABLISH PARENTAGE OF A  CHILD  PURSUANT
 TO THIS ARTICLE MAY BE COMMENCED BY A PERSON WHO:
   (1) IS ALIVE WHEN THE PROCEEDING IS COMMENCED; AND
   (2) CLAIMS TO BE A DE FACTO PARENT OF THE CHILD; OR
   (3) CLAIMS TO BE THE CHILD OF A DE FACTO PARENT.
   (B)  A  PERSON  SEEKING TO BE ADJUDICATED AS A PARENT OF A CHILD SHALL
 FILE A PETITION WITH THE COURT BEFORE THE CHILD REACHES  EIGHTEEN  YEARS
 OF  AGE.    THE CHILD IS REQUIRED TO BE ALIVE AT THE TIME OF THE FILING.
 THE PETITION SHALL  INCLUDE  A  VERIFIED  AFFIDAVIT  ALLEGING  FACTS  TO
 SUPPORT  THE EXISTENCE OF A DE FACTO PARENT RELATIONSHIP WITH THE CHILD.
 THE PETITION AND AFFIDAVIT SHALL BE SERVED ON THE FOLLOWING: ALL PARENTS
 OF THE CHILD; THE CHILD; THE CHILD'S LEGAL  GUARDIAN  IF  THE  CHILD  IS
 UNDER  EIGHTEEN  YEARS  OF  AGE;  AND,  ANY OTHER NECESSARY PARTY TO THE
 PROCEEDING.
   (C) AN ADVERSE PARTY, PARENT OR LEGAL GUARDIAN MAY FILE A PLEADING AND
 VERIFIED AFFIDAVIT IN RESPONSE TO THE PETITION THAT SHALL BE  SERVED  ON
 ALL PARTIES TO THE PROCEEDING.
   (D)  THE COURT SHALL DETERMINE ON THE BASIS OF THE PLEADINGS AND AFFI-
 DAVITS WHETHER THE  PERSON  SEEKING  TO  BE  ADJUDICATED  A  PARENT  HAS
 PRESENTED PRIMA FACIE EVIDENCE OF THE CRITERIA FOR PARENTAGE PURSUANT TO
 SUBDIVISION  (A)  OF  SECTION  582-103  OF THIS PART AND, THEREFORE, HAS
 STANDING TO PROCEED WITH A PARENTAGE ACTION.  THE  COURT,  IN  ITS  SOLE
 DISCRETION,  MAY  HOLD  A  HEARING  TO DETERMINE DISPUTED FACTS THAT ARE
 NECESSARY AND MATERIAL TO THE ISSUE OF STANDING.
   (E) IF THE CHILD FOR WHOM THE PERSON IS SEEKING TO  BE  ADJUDICATED  A
 PARENT  HAS  TWO  PARENTS AT THE TIME THE PETITION IS FILED AND THERE IS
 LITIGATION PENDING BETWEEN THE PARENTS AT THE TIME THE PETITION IS FILED
 REGARDING CUSTODY OR VISITATION WITH RESPECT TO THE CHILD, A PARENT  MAY
 INTRODUCE  EVIDENCE  THAT THE DE FACTO PARENT ACTION IS BEING BROUGHT TO
 INTERFERE IMPROPERLY IN THE PENDING LITIGATION. BASED ON SUCH  EVIDENCE,
 THE COURT MAY DETERMINE THAT ALLOWING THE DE FACTO PARENT'S PETITION FOR
 JUDGMENT  OF  PARENTAGE TO PROCEED WOULD NOT BE IN THE BEST INTERESTS OF
 THE CHILD AND MAY DISMISS THE PETITION WITHOUT PREJUDICE.
   (F) THE COURT MAY ENTER AN INTERIM ORDER  CONCERNING  CONTACT  BETWEEN
 THE  CHILD AND A PERSON WITH STANDING SEEKING ADJUDICATION UNDER SECTION
 582-103 OF THIS PART AS A PARENT OF THE CHILD.
   (G) ANY PERSON ADJUDICATED TO BE A DE FACTO PARENT OF  A  CHILD  UNDER
 THIS  SECTION  SHALL  HAVE  ALL THE LEGAL RIGHTS AND RESPONSIBILITIES OF
 PARENTAGE UNDER NEW YORK LAW, INCLUDING THE OBLIGATION  TO  SUPPORT  THE
 CHILD.
                                  PART 3
     COURT ADJUDICATION OF PARENTAGE FOR A CHILD WITH MULTIPLE PARENTS
 SECTION 582-105. ADJUDICATING COMPETING CLAIMS OF PARENTAGE.
         582-106. JUDGMENT   OF  PARENTAGE  FOR  A  CHILD  WITH  MULTIPLE
                  PARENTS.
 § 582-105. ADJUDICATING COMPETING CLAIMS OF PARENTAGE. (A) IN A PROCEED-
 ING TO ADJUDICATE COMPETING CLAIMS OF PARENTAGE OF A  CHILD  BY  TWO  OR
 MORE  INDIVIDUALS,  THE  COURT  SHALL  ADJUDICATE  PARENTAGE IN THE BEST
 INTEREST OF THE CHILD, BASED ON:
   (1) THE AGE OF THE CHILD;
   (2) THE LENGTH OF TIME DURING WHICH EACH INDIVIDUAL ASSUMED  THE  ROLE
 OF PARENT OF THE CHILD;
   (3) THE NATURE OF THE RELATIONSHIP BETWEEN THE CHILD AND EACH INDIVID-
 UAL;
 S. 1787                             6
 
   (4)  THE  HARM  TO THE CHILD IF THE RELATIONSHIP BETWEEN THE CHILD AND
 EACH INDIVIDUAL IS NOT RECOGNIZED;
   (5)  THE  BASIS FOR EACH INDIVIDUAL'S CLAIM TO PARENTAGE OF THE CHILD;
 AND
   (6) OTHER  EQUITABLE  FACTORS  ARISING  FROM  THE  DISRUPTION  OF  THE
 RELATIONSHIP  BETWEEN THE CHILD AND EACH INDIVIDUAL OR THE LIKELIHOOD OF
 OTHER HARM TO THE CHILD.
   (B) THE INTEREST THAT A CHILD MAY HAVE IN FORMING A RELATIONSHIP  WITH
 A  GENETIC  PARENT  SHALL NOT BE GIVEN CONCLUSIVE WEIGHT IN ADJUDICATING
 COMPETING CLAIMS OF PARENTAGE, PARTICULARLY WHEN THERE IS NO PREEXISTING
 SUBSTANTIAL RELATIONSHIP BETWEEN THE GENETIC PARENT AND THE CHILD.
   (C) IN A PROCEEDING TO ADJUDICATE PARENTAGE OF A PERSON WHO CLAIMS  TO
 BE  A  DE  FACTO  PARENT  OF  THE CHILD, IF THERE IS MORE THAN ONE OTHER
 PERSON WHO IS A PARENT OR HAS A CLAIM TO PARENTAGE OF THE CHILD AND  THE
 COURT  DETERMINES THAT THE REQUIREMENTS OF THIS SECTION AND SECTION 582-
 103 OF THIS ARTICLE ARE SATISFIED, THE COURT SHALL  AWARD  PARENTAGE  TO
 THE  PERSON  CLAIMING TO BE A DE FACTO PARENT, PROVIDED THE ADJUDICATION
 OF A PERSON AS A PARENT UNDER THIS SECTION SHALL  NOT  DISESTABLISH  THE
 PARENTAGE OF ANY OTHER PARENT, NOR LIMIT ANY OTHER PARENT'S RIGHTS UNDER
 THE LAWS OF THIS STATE.
   §  582-106.  JUDGMENT  OF PARENTAGE FOR A CHILD WITH MULTIPLE PARENTS.
 THE COURT MAY ADJUDICATE A CHILD TO HAVE MORE THAN TWO  PARENTS  IF  THE
 COURT  FINDS  THAT  FAILURE  TO RECOGNIZE MORE THAN TWO PARENTS WOULD BE
 DETRIMENTAL TO THE CHILD. A FINDING OF DETRIMENT TO THE CHILD SHALL  NOT
 REQUIRE  A FINDING OF UNFITNESS OF ANY PARENT OR PERSON SEEKING AN ADJU-
 DICATION OF PARENTAGE. IN DETERMINING DETRIMENT TO THE CHILD, THE  COURT
 SHALL CONSIDER ALL RELEVANT FACTORS, INCLUDING:
   (A)  THE  HARM  IF THE CHILD IS REMOVED FROM A STABLE PLACEMENT WITH A
 PERSON WHO HAS FULFILLED THE CHILD'S PHYSICAL  NEEDS  AND  PSYCHOLOGICAL
 NEEDS  FOR CARE AND AFFECTION AND HAS ASSUMED THE ROLE SINCE THE CHILD'S
 BIRTH OR FOR A SUBSTANTIAL PERIOD;
   (B) THE HARM IF THE CHILD IS SEPARATED FROM A PERSON THE CHILD  UNDER-
 STANDS TO BE THEIR PARENT; AND
   (C)  THE INTENTION OF ALL PARENTS TO RAISE A CHILD TOGETHER, INCLUDING
 A PRE-CONCEPTION AGREEMENT TO PARENT OR AGREEMENT TO PARENT AT ANY OTHER
 POINT IN THE CHILD'S LIFE.
   § 4. Subdivision (a) of section 70 of the domestic relations  law,  as
 amended  by  chapter  457  of  the  laws  of 1988, is amended to read as
 follows:
   (a) Where a minor child is residing within this  state,  [either]  ANY
 parent  may  apply  to  the supreme court for a writ of habeas corpus to
 have such minor child brought before such court; and on the return ther-
 eof, the court, on due consideration, may award  the  natural  guardian-
 ship,  charge  and custody of such child to [either] ANY parent for such
 time, under such regulations and restrictions, and with such  provisions
 and  directions, as the case may require, and may at any time thereafter
 vacate or modify such order. In all cases there shall be no prima  facie
 right  to the custody of the child in [either] ANY parent, but the court
 shall determine solely what is for the best interest of the  child,  and
 what will best promote its welfare and happiness, and make award accord-
 ingly.    WHERE A COURT DEEMS IT TO BE IN THE CHILD'S BEST INTEREST, THE
 COURT MAY AWARD CUSTODY TO MORE THAN TWO PARENTS.
   § 5. Subparagraphs 2 and 4 of paragraph (a), clause (vi)  of  subpara-
 graph  5  of  paragraph  (c), subparagraphs 6 and 7 of paragraph (f) and
 paragraphs (g), (i) and (j) of subdivision 1 and  paragraph  a  and  the
 opening  paragraph and subparagraph 1 of paragraph b of subdivision 3 of
 S. 1787                             7
 
 section 413 of the family court act, subparagraphs 2 and 4 of  paragraph
 (a)  and  subparagraphs  6  and  7  of paragraph (f) of subdivision 1 as
 amended by chapter 567 of the laws of 1989, clause (vi) of  subparagraph
 5  of paragraph (c) of subdivision 1 as added by chapter 215 of the laws
 of 2009, paragraphs (g) and (i) of subdivision 1 as amended  by  chapter
 436  of  the  laws of 2011, paragraph (j) of subdivision 1 as amended by
 chapter 59 of the laws of 1993, and paragraph a and  the  opening  para-
 graph  and  subparagraph 1 of paragraph b of subdivision 3 as amended by
 chapter 398 of the laws of 1997, are amended to read as follows:
   (2) "Child support" shall mean a sum to  be  paid  pursuant  to  court
 order or decree by [either or both parents] ONE OR MORE PARENT or pursu-
 ant  to  a valid agreement between the parties for care, maintenance and
 education of any unemancipated child under the age of twenty-one years.
   (4) "Combined parental income" shall mean the sum  of  the  income  of
 [both] ALL parents.
   (vi) Upon proof by [either] ANY party that cash medical support pursu-
 ant  to  clause  (ii),  (iii), (iv) or (v) of this subparagraph would be
 unjust or inappropriate pursuant to paragraph (f)  of  THIS  subdivision
 [one of this section], the court shall:
   (6) The educational needs of [either] ANY parent;
   (7)  A  determination  that  the gross income of one OR MORE parent is
 substantially less than [the other] ONE  OR  MORE  OF  ANOTHER  parent's
 gross income;
   (g)  Where  the  court  finds that the non-custodial parent's pro rata
 share of the basic child support obligation is unjust or  inappropriate,
 the  court  shall  order  the non-custodial parent to pay such amount of
 child support as the court finds just and  appropriate,  and  the  court
 shall  set  forth,  in  a  written order, the factors it considered; the
 amount of each party's pro rata share of the basic child  support  obli-
 gation;  and  the  reasons  that the court did not order the basic child
 support obligation. Such written order may not be waived by [either] ANY
 party or counsel;  provided,  however,  and  notwithstanding  any  other
 provision  of  law,  including  but  not limited to section four hundred
 fifteen of this part, the court shall not find  that  the  non-custodial
 parent's pro rata share of such obligation is unjust or inappropriate on
 the  basis  that  such  share exceeds the portion of a public assistance
 grant which is attributable to a child or children. Where the non-custo-
 dial parent's income is less than or equal to the poverty income  guide-
 lines  amount  for a single person as reported by the federal department
 of health and human services, unpaid child support arrears in excess  of
 five hundred dollars shall not accrue.
   (i)  Where  [either or both] ANY OF THE parties are unrepresented, the
 court shall not enter an order or judgment other than a temporary  order
 pursuant  to  section two hundred thirty-seven of the domestic relations
 law, that includes a provision for child  support  unless  the  unrepre-
 sented party or parties have received a copy of the child support stand-
 ards  chart  promulgated  by the commissioner of the office of temporary
 and disability assistance pursuant to subdivision  two  of  section  one
 hundred eleven-i of the social services law. Where [either] ANY party is
 in  receipt  of  child  support  enforcement  services through the local
 social services district,  the  local  social  services  district  child
 support  enforcement  unit shall advise such party of the amount derived
 from application of the child support percentage and  that  such  amount
 serves  as  a  starting point for the determination of the child support
 award, and shall provide such party with a copy  of  the  child  support
 standards chart.
 S. 1787                             8
 
   (j)  In  addition  to  financial  disclosure  required in section four
 hundred twenty-four-a of this article, the court may  require  that  the
 income and/or expenses of [either] ANY party be verified with documenta-
 tion including, but not limited to, past and present income tax returns,
 employer  statements,  pay  stubs,  corporate,  business, or partnership
 books and records, corporate and business tax returns, and receipts  for
 expenses  or  such  other  means of verification as the court determines
 appropriate. Nothing herein shall affect any  party's  right  to  pursue
 discovery pursuant to this chapter, the civil practice law and rules, or
 the family court act.
   a. One-time adjustment of child support orders issued prior to Septem-
 ber  fifteenth,  nineteen  hundred  eighty-nine.  Any  party  to a child
 support order issued prior  to  September  fifteenth,  nineteen  hundred
 eighty-nine  on the behalf of a child in receipt of public assistance or
 child support services pursuant to section one hundred eleven-g  of  the
 social  services law may request that the support collection unit under-
 take one review of the order for adjustment purposes pursuant to section
 one hundred eleven-h of the  social  services  law.  A  hearing  on  the
 adjustment of such order shall be granted upon the objection of [either]
 ANY  party pursuant to the provisions of this section. An order shall be
 adjusted if as of the date of the support collection  unit's  review  of
 the  correct  amount  of  child  support  as  calculated pursuant to the
 provisions of this section would deviate by at least  ten  percent  from
 the  child  support  ordered  in the last permanent support order of the
 court. Additionally, a new support order shall be issued upon a  showing
 that  the  current order of support does not provide for the health care
 needs of the child through insurance or otherwise.  Eligibility  of  the
 child  for  medical  assistance  shall  not  relieve  any obligation the
 parties otherwise have to provide for  the  health  care  needs  of  the
 child.  The  support  collection  unit's review of a child support order
 shall be made on notice to all parties to the current support order  and
 shall be subject to the provisions of section four hundred twenty-four-a
 of  this  article.  Nothing  herein shall be deemed in any way to limit,
 restrict, expand or impair the rights of any party to file for a modifi-
 cation of a child support order as is otherwise provided by law.
   Upon receipt of an adjustment finding and where appropriate a proposed
 order in conformity with such finding filed by [either] ANY party or  by
 the  support  collection  unit, a party shall have thirty-five days from
 the date of mailing of the  adjustment  finding  and  proposed  adjusted
 order,  if any, to submit to the court identified thereon specific writ-
 ten objections to such finding and proposed order.
   (1) If specific written objections are submitted by [either] ANY party
 or by the support collection unit, a hearing shall be scheduled  by  the
 court  on  notice  to  the  parties and the support collection unit, who
 shall have the right to be heard by the court and to offer  evidence  in
 support of or in opposition to adjustment of the support order.
   §  6.  This  act shall take effect on the ninetieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.

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Senate Bill S1787

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Sponsored By

Brad Hoylman-Sigal

Current Bill Status - In Senate Committee Children And Families Committee

co-Sponsors

Jeremy A. Cooney

Robert Jackson

Jessica Ramos

Luis R. Sepúlveda

2023-S1787 (ACTIVE) - Details

2023-S1787 (ACTIVE) - Summary

2023-S1787 (ACTIVE) - Sponsor Memo

2023-S1787 (ACTIVE) - Bill Text download pdf

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