NY State Senate Bill 2025-S4555

Senate Bill S4555

2025-2026 Legislative Session

Establishes confirmatory adoptions providing for the adoption of children born as a result of assisted reproduction and allows courts to grant custody and support of children from more than two parents; repealer

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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
Feb 06, 2025	referred to children and families

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2025-S4555 (ACTIVE) - Details

See Assembly Version of this Bill:: A4880
Current Committee:: Senate Children And Families
Law Section:: Domestic Relations Law
Laws Affected:: Rpld §24, amd §§109, 110 & 70, add Art 7 Title 5 §§118 - 120, Dom Rel L; rpld §417, add Art 5-D §§582 - 587, amd §§516-a & 413, Fam Ct Act; amd §4135-b, Pub Health L

2025-S4555 (ACTIVE) - Summary

Establishes confirmatory adoptions providing for the adoption of children born as a result of assisted reproduction; allows for more than two persons to be named parents of a child; establishes presumed parentage and provides for the challenge and adjudication thereof; repeals certain provisions of the domestic relations law and the family court act relating thereto.

2025-S4555 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4555

SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:

An act to amend the domestic relations law, the family court act and the
public health law, in relation to establishing confirmatory adoptions
and allowing courts to grant multi-parent adoption petitions; and to
repeal certain provisions of the domestic relations law and the family
court act relating thereto

 
PURPOSE:

To provide equality and legal security for children and families created
through assisted reproduction, to protect children by updating New
York's laws to recognize the myriad of ways in which families are
formed, to remove outdated references to legitimacy and replace them
with a clear framework for presuming and adjudicating parentage, and to
align custody and child support laws accordingly.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Adds new definitions to Section 109 of the domestic relations
law to clarify terms as they relate to Confirmatory Adoptions. As
confirmatory adoptions are only available to people who are already
parents under New York's Article 5-C of the family court act or who are
presumed parents under the new Article 5-D of the family court act, this
section cross-references definitions found in the family court act.

Section 2. Amends section 110 of the domestic relations law to allow
multiple parents to petition for joint adoption in New York.

Section 3. Amends article 7 of the domestic relations law to create a
new title 5: Confirmatory Adoptions. This title allows people who are
already parents under New York's article 5-C of the family court act or
who are presumed parents under the new article 5-D of the family court
act to petition for a streamlined confirmatory adoption when all parties
with claims to parentage consent to such an adoption.

Section 4. Updates section 70 of the domestic relations law to allow for
any parent of a child to apply for a writ of habeas corpus and provides
a framework for the court to determine custody in the best interests of
a child when a child has more than two parents.

Section 5. Repeals section 24 of the domestic relations law concerning
legitimacy for children of ceremonial marriage. The presumption of
parentage in section 7 will replace this statute with current, less
stigmatizing language and a more structured framework.

Section 6. Repeals section 417 of the family court act concerning legit-
imacy for children of ceremonial marriage. The presumption of parentage
in section 7 will replace this statute with current, less stigmatizing
language and a more structured framework.

Section 7. Creates a new Article 5-D, Presumed Parentage, to clarify
when presumptions of parentage apply, to provide a basis for challenging
a presumption based on duress, coercion, or threat of harm, and to
provide a framework for courts to adjudicate parentage, including when
competing claims exist, which will depend on a court conducting a best
interest of the child analysis. In conformity with the Uniform Parentage
Act of 2017, parentage presumptions apply in connection with marriage,
and when a person resides with the child for a specific period, includ-
ing temporary absences, and holds the child out as their own. This arti-
cle also allows a court to determine that a child may have more than two
parents when such a determination is in a child's best interests.

Section 8. Amends section 516-a of the family court act related to
acknowledgments of parentage to replace the reference to domestic
relations 24 with a reference to presumptions of parentage created by
this bill, providing a basis for voiding an acknowledgment when a person
other than the signatories is a presumed parent of the child.

Section 9. Amends section 4135-b of the public health law related to
acknowledgments of parentage to replace the reference to domestic
relations 24 with a reference to presumptions of parentage created by
this bill, providing a basis for voiding an acknowledgment when a person
other than the signatories is a presumed parent of the child.

Section 10. Amends all relevant sections of Article 4 of the family
court act to provide for child support calculations when a child has
more than two parents.

 
JUSTIFICATION:

Legally secure parent-child relationships are essential to a child's
wellbeing. It is through this legal connection that children receive
essential rights and benefits, including the security of continued
access to their parents. This bill ensures that all children can access
this security equally, regardless of the circumstances of their birth,
the identities of their parents, or the compositions of their families.
It does so by making adoption and parentage more accessible to legally
vulnerable families, including families created through assisted reprod-
uction, LGBTQ+ families, and families in which a parent and a child do
not share a genetic connection, including where children have more than
two parents.

New York made significant strides toward equality when it enacted the
Child Parent Security Act (CPSA) in 2021. The CPSA made many positive
changes, including allowing same-sex parents using assisted reproduction
to sign a Voluntary Acknowledgment of Parentage (VAP), clarifying the
parentage of children conceived using assisted reproduction, and legal-
izing compensated surrogacy while simultaneously providing a framework
that protects all parties involved in a surrogacy arrangement. It was an
incredible step forward, and last year's CPSA clean-up bill furthered
those efforts.  However, there is still more to be done to give all New
York children and families, including LGBTQ+ families, the protections
they need and deserve under the law.

Sections 1 through 3 of this bill concern adoption. They establish a
streamlined confirmatory adoption process for parents who are already
recognized under New York law's assisted reproduction statutes, and for
individuals who are presumed legal parents. Currently, when a child is
born of assisted reproduction, the intended parents are legal parents
under New York law. Even still, many of these families choose to pursue
a parentage judgment or adoption order, to provide greater legal securi-
ty. Court orders must be respected across state lines under full faith
and credit principles of the U.S.  Constitution. A family who plans to
travel across state lines or abroad, or to pass foreign citizenship onto
their child may need to complete an adoption to ensure that their
parentage, including a child's rights to their parents, is respected. In
New York today, completing an adoption requires an expensive and intru-
sive process, including a background check and a home inspection. This
is true even when a parent is adopting their own child. This bill
creates a streamlined confirmatory adoption process that will protect
families created through assisted reproduction or a presumption of
parentage when the parties are married or when all parties to the
proceeding consent to the adoption. Eight states, including New Jersey,
Rhode Island, Maryland, Maine, Colorado, California, and Virginia have
already created a streamlined confirmatory adoption process. More states
are considering this legislation in the upcoming session. Confirmatory
adoption is non-controversial and widely supported because it is an
accessible and efficient process that provides protections without
expanding who is recognized as a parent under the law. Included in
section 2, is clarification that more than two petitioners may adopt a
child together. The importance of legal recognition when a child has
more than two parents is discussed in greater detail below.

Outside of the adoption provisions, Section 7 allows for the preserva-
tion of child-parent relationships through multi-parent recognition,
when such recognition is in a child's best interests.  Many children
have more than two parents. For decades, courts and legislatures have
acknowledged this reality by conferring legal rights on third parents.
In so doing, the law benefits children by reducing conflict and increas-
ing stability. Six states, including Vermont, Delaware, Connecticut,
Maine, California, and Washington have already enacted statutes express-
ly allowing courts to find that a child has more than two parents. The
consequences of multi-parent recognition are knowable; courts and legis-
latures have long accommodated multi-parent families. For example, 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 that he understood to be his mother and undermine his best inter-
ests. 55 Misc. 3d 865 (Sup Ct. NY County 2017). Multi-parent families
exist both within and outside of the LGBTQ+ community. When a child has
or will have a relationship with more than two parents, the law should
recognize and protect those relationships. Children in multi-parent
families love each of their parents, and failure to recognize these
relationships legally can cause significant trauma and harm to a child.
Section 7 also provides for a variety of presumptions of parentage, in
conformity with the 2017 Uniform Parentage Act. These include presump-
tions in connection with marriage, and a holding out presumption, which
includes a residency requirement. Section 7 protects children and fami-
lies by providing a framework for adjudication, a basis for challenging
a presumption based on duress, coercion, or threat of harm, and a struc-
tured format for adjudicating competing claims of parentage, based on a
child's best interests.

Sections 4 updates New York custody laws in accordance with multi-parent
recognition. This is necessary because New York courts have at times
interpreted the current language of section 70 of the domestic relations
law to bar more than two parents from having legal standing to seek
custody due to its "either parent" language. 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 deter-
mination"); Matter of Shanna 0. v.  James P., 176 A.D.3d 1334 (3rd Dept
2019) (holding that, barring extraordinary circumstances  
A THIRD
PARENT does 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 statue 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-parents). This bill will give the courts clear
authority to recognize all parents of a child and review custody claims,
awarding custody to more than two parents when it is in a child's best
interests to do so. This will protect all children and families, ensur-
ing they cannot be torn apart from parents who love and care for them.

Section 10 makes similar changes insofar as they relate to child
support. This ensures that a child with more than two parents can
receive appropriate financial support.

Sections 5 and 6 repeal outdated laws relating to "legitimacy," an old
notion used to stigmatize children born outside of marriage. This bill
replaces this outdated language with presumptions of parentage using
current, inclusive terms and standards. Sections 8 and 9 reflect the
same updates (replacing legitimacy language) in New York's statues
related to acknowledgments of parentage, providing that acknowledgments
are void when a person other than the signatories is a presumed parent
of the child.

 
LEGISLATIVE HISTORY:

None.

 
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.

2025-S4555 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4555
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 6, 2025
                                ___________
 
 Introduced  by Sens. HOYLMAN-SIGAL, COONEY, JACKSON, RAMOS, SEPULVEDA --
   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, the family court act and the
   public  health law, in relation to establishing confirmatory adoptions
   and allowing courts to grant multi-parent adoption petitions;  and  to
   repeal certain provisions of the domestic relations law and the family
   court act relating thereto
 
   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 five new subdivisions 8, 9, 10, 11 and 12 to read as follows:
   8.  "ASSISTED  REPRODUCTION" SHALL HAVE THE SAME MEANING AS IN SECTION
 581-102 OF THE FAMILY COURT ACT.
   9. "DONOR" SHALL HAVE THE SAME MEANING AS IN SECTION  581-102  OF  THE
 FAMILY COURT ACT.
   10.  "MARRIAGE" SHALL HAVE THE SAME MEANING AS IN SECTION FIVE HUNDRED
 EIGHTY-TWO OF THE FAMILY COURT ACT.
   11. "PARENT" SHALL HAVE THE SAME MEANING AS IN SECTION 581-102 OF  THE
 FAMILY COURT ACT.
   12.  "PRESUMED  PARENT" SHALL HAVE THE SAME MEANING AS IN SECTION FIVE
 HUNDRED EIGHTY-TWO OF THE FAMILY COURT ACT.
   § 2. Section 110 of the domestic relations law, as amended by  chapter
 254 of the laws of 1991, the opening paragraph as amended by chapter 509
 of  the  laws  of  2010,  the seventh undesignated paragraph as added by
 chapter 522 of the laws of 1999 and the closing paragraph  as  added  by
 chapter 258 of the laws of 2019, is amended to read as follows:
   §  110.  Who may adopt; effect of article.  An adult unmarried person,
 an adult married couple together, or any [two] unmarried [adult intimate
 partners] ADULTS WHO INTEND TO PARENT together may adopt another person.
 An adult married person who is living separate and apart  from  [his  or

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08775-02-5

 S. 4555                             2

 her]  THEIR  spouse  pursuant  to  a decree or judgment of separation or
 pursuant to a written agreement of separation subscribed by the  parties
 thereto  and  acknowledged  or  proved in the form required to entitle a
 deed to be recorded or an adult married person who has been living sepa-
 rate  and  apart from [his or her] THEIR spouse for at least three years
 prior to commencing an adoption proceeding  may  adopt  another  person;
 provided,  however,  that  the person so adopted shall not be deemed the
 child or step-child of the  non-adopting  spouse  for  the  purposes  of
 inheritance  or support rights or obligations or for any other purposes.
 An adult or minor married couple together may adopt a child of either of
 them [born in or out of wedlock] and an adult or minor spouse may  adopt
 such  a  child of the other spouse. No person shall hereafter be adopted
 except in pursuance of this article,  and  in  conformity  with  section
 three hundred seventy-three of the social services law.
   An  adult  married person who has executed a legally enforceable sepa-
 ration agreement or is a party to a marriage in which a valid decree  of
 separation  has  been entered or has been living separate and apart from
 [his or her] THEIR spouse for at least three years prior  to  commencing
 an  adoption  proceeding  and who becomes or has been the custodian of a
 child placed in their care as a result of court ordered foster care  may
 apply  to  such  authorized agency for placement of said child with them
 for the purpose of adoption. Final determination  of  the  propriety  of
 said  adoption  of  such foster child, however, shall be within the sole
 discretion of the court, as otherwise provided herein.
   Adoption is the legal proceeding whereby a person takes another person
 into the relation of child and thereby acquires the  rights  and  incurs
 the responsibilities of parent in respect of such other person.
   A proceeding conducted in pursuance of this article shall constitute a
 judicial  proceeding. An order of adoption or abrogation made therein by
 a surrogate or by a judge shall have the force and effect of  and  shall
 be  entitled to all the presumptions attaching to a judgment rendered by
 a court of general jurisdiction in a common law action.
   No adoption heretofore lawfully made shall be abrogated by the  enact-
 ment of this article. All such adoptions shall have the effect of lawful
 adoptions hereunder.
   Nothing  in  this article in regard to a minor adopted pursuant hereto
 inheriting from the adoptive parent applies to any will, devise or trust
 made or created before  June  twenty-fifth,  eighteen  hundred  seventy-
 three,  nor  alters,  changes  or  interferes  with such will, devise or
 trust. As to any such will, devise or trust a minor adopted before  that
 date is not an heir so as to alter estates or trusts or devises in wills
 so  made  or  created.  Nothing  in  this  article in regard to an adult
 adopted pursuant hereto inheriting from the adoptive parent  applies  to
 any  will,  devise  or trust made or created before April twenty-second,
 nineteen hundred fifteen, nor alters, changes or  interferes  with  such
 will,  devise or trust. As to any such will, devise or trust an adult so
 adopted is not an heir so as to alter estates or trusts  or  devises  in
 wills so made or created.
   It  shall  be  unlawful  to  preclude a prospective adoptive parent or
 parents solely on the basis that the adoptor or adopters has had, or has
 cancer, or any other disease. Nothing herein shall prevent the rejection
 of a prospective applicant based upon [his or her] THEIR poor health  or
 limited life expectancy.
   A  petition to adopt, pursuant to the terms of this article, where the
 petitioner's parentage is legally-recognized under New  York  State  law
 S. 4555                             3

 shall  not be denied solely on the basis that the petitioner's parentage
 is already legally-recognized.
   §  3.  Article  7 of the domestic relations law is amended by adding a
 new title 5 to read as follows:
                                   TITLE V
                          CONFIRMATORY ADOPTIONS
 SECTION 118. GENERAL PROVISIONS RELATING TO CONFIRMATORY ADOPTION.
         119. ORDER OF CONFIRMATORY ADOPTION.
         120. EFFECT OF CONFIRMATORY ADOPTION.
   § 118. GENERAL PROVISIONS RELATING TO CONFIRMATORY ADOPTION. 1.  WHEN-
 EVER A CHILD IS BORN AS A RESULT OF ASSISTED REPRODUCTION AND THE PERSON
 OR  PERSONS  WHO DID NOT GIVE BIRTH IS A PARENT UNDER SECTION 581-303 OF
 THE FAMILY COURT ACT OR A PRESUMED PARENT OF  THE  CHILD  UNDER  SECTION
 FIVE  HUNDRED  EIGHTY-THREE OF THE FAMILY COURT ACT AND THE PARENTS SEEK
 TO FILE A PETITION TO CONFIRM  PARENTAGE  THROUGH  AN  ADOPTION  OF  THE
 CHILD,  THE  COURT  SHALL  PERMIT  THE  PARENTS  TO  FILE A PETITION FOR
 ADOPTION IN ACCORDANCE WITH THIS TITLE.
   2. NOTWITHSTANDING SECTION ONE HUNDRED FIFTEEN OF THIS ARTICLE OR  ANY
 PROVISION  OF  LAW TO THE CONTRARY, A PETITION FOR CONFIRMATORY ADOPTION
 SHALL BE SIGNED BY EACH PETITIONER UNDER  OATH  AND  SHALL  INCLUDE  THE
 FOLLOWING:
   (A)  A  PETITION FOR CONFIRMATORY ADOPTION, SIGNED BY ALL PETITIONERS;
 AND
   (B) A COPY OF THE PETITIONERS' MARRIAGE CERTIFICATE,  IF  ANY  OF  THE
 PETITIONERS ARE MARRIED; AND
   (C)  A  DECLARATION  SIGNED  BY ALL PETITIONERS EXPLAINING THE CIRCUM-
 STANCES OF THE CHILD'S BIRTH THROUGH ASSISTED REPRODUCTION, ATTESTING TO
 THEIR CONSENT TO ASSISTED REPRODUCTION, AND ATTESTING THAT NO  COMPETING
 CLAIMS OF PARENTAGE EXIST; AND
   (D) A CERTIFIED COPY OF THE CHILD'S BIRTH CERTIFICATE.
   3.  NOTWITHSTANDING SECTION ONE HUNDRED FIFTEEN OF THIS ARTICLE OR ANY
 PROVISION OF LAW TO THE CONTRARY,  SUBMISSION  OF  A  COMPLETE  PETITION
 UNDER  THIS  SECTION  CONSTITUTES  NOTICE  OF AND WRITTEN CONSENT TO THE
 CONFIRMATORY ADOPTION AND THE  COURT  MAY  NOT  REQUIRE  ANY  ADDITIONAL
 NOTICE TO OR CONSENT BY ANY PETITIONER.
   4.  NOTWITHSTANDING SECTIONS ONE HUNDRED ELEVEN, ONE HUNDRED ELEVEN-A,
 ONE HUNDRED FIFTEEN, AND ONE HUNDRED FIFTEEN-B OF THIS  ARTICLE  OR  ANY
 PROVISION  OF  LAW  TO  THE CONTRARY, IF A PETITIONER UNDER THIS SECTION
 CONCEIVED THROUGH ASSISTED REPRODUCTION USING  A  DONOR  WHO  IS  NOT  A
 PARENT  PURSUANT  TO  SECTION 581-302 OF THE FAMILY COURT ACT, THE COURT
 MAY NOT REQUIRE NOTICE OF THE CONFIRMATORY ADOPTION TO THAT DONOR OR THE
 CONSENT OF THAT DONOR TO THE CONFIRMATORY ADOPTION.
   5. UNLESS OTHERWISE ORDERED BY THE COURT  FOR  GOOD  CAUSE  SHOWN  AND
 SUPPORTED BY WRITTEN FINDINGS OF THE COURT DEMONSTRATING GOOD CAUSE, FOR
 PURPOSES OF EVALUATING AND GRANTING A PETITION FOR CONFIRMATORY ADOPTION
 PURSUANT TO THIS SECTION, THE COURT SHALL NOT REQUIRE:
   (A) A HEARING OR APPEARANCE; OR
   (B)  CERTIFICATION  PURSUANT  TO SECTION ONE HUNDRED FIFTEEN-D OF THIS
 ARTICLE OR ANY OF THE REQUIREMENTS INCLUDED THEREIN, INCLUDING  BUT  NOT
 LIMITED TO AN INVESTIGATION OR CRIMINAL BACKGROUND CHECK; OR
   (C)  ORDERS  OF  INVESTIGATION, WAITING PERIODS, OR ANY OTHER REQUIRE-
 MENTS INCLUDED IN SECTION ONE HUNDRED SIXTEEN OF THIS ARTICLE; OR
   (D) A BEST INTEREST ASSESSMENT PURSUANT TO SECTION ONE  HUNDRED  FOUR-
 TEEN OR ONE HUNDRED SIXTEEN OF THIS ARTICLE; OR
   (E) A MINIMUM RESIDENCY PERIOD IN THE HOME OF THE PETITIONERS.
 S. 4555                             4
 
   § 119. ORDER  OF  CONFIRMATORY  ADOPTION. 1. THE COURT SHALL GRANT THE
 CONFIRMATORY ADOPTION PETITION UNDER SECTION  ONE  HUNDRED  EIGHTEEN  OF
 THIS  TITLE AND ISSUE AN ADOPTION DECREE WITHIN THIRTY DAYS UPON FINDING
 THAT EITHER:
   (A) THE CHILD WAS BORN THROUGH ASSISTED REPRODUCTION TO PARENTS JOINED
 IN  MARRIAGE,  ONE OF THE PETITIONERS GAVE BIRTH TO THE CHILD, AND THERE
 ARE NO COMPETING CLAIMS OF PARENTAGE; OR
   (B) THE CHILD WAS BORN THROUGH ASSISTED REPRODUCTION WITH THE  CONSENT
 OF  ALL PETITIONERS, ONE OF THE PETITIONERS GAVE BIRTH TO THE CHILD, AND
 THE OTHER PETITIONER OR PETITIONERS ARE PARENTS UNDER SECTION 581-303 OF
 THE FAMILY COURT ACT OR PRESUMED PARENTS OF THE CHILD UNDER SECTION FIVE
 HUNDRED EIGHTY-THREE OF THE FAMILY COURT ACT, AND THERE ARE NO COMPETING
 CLAIMS OF PARENTAGE.
   2. A PETITION TO ADOPT A CHILD PURSUANT TO SECTION ONE  HUNDRED  EIGH-
 TEEN  OF  THIS  TITLE  SHALL  NOT BE DENIED ON THE BASIS THAT ANY OF THE
 PETITIONERS' PARENTAGE IS ALREADY PRESUMED OR LEGALLY-RECOGNIZED IN  NEW
 YORK,  NOR  SHALL  A PETITION BE DENIED ON THE BASIS THAT THERE ARE MORE
 THAN TWO PETITIONERS.
   § 120. EFFECT OF CONFIRMATORY ADOPTION. 1. AN  ORDER  OF  CONFIRMATORY
 ADOPTION SHALL INCLUDE ALL EFFECTS OF ADOPTION UNDER SECTION ONE HUNDRED
 SEVENTEEN  OF  THIS  ARTICLE EXCEPT THAT THE TERMINATION OF THE PARENTAL
 DUTIES AND RESPONSIBILITIES, AND RIGHTS OVER THE CHILD OR TO PROPERTY BY
 DESCENT OR SUCCESSION OF AN EXISTING PARENT OR PARENTS SHALL  NOT  APPLY
 IF SUCH TERMINATION WOULD BE INCONSISTENT WITH THE ORDER OF CONFIRMATORY
 ADOPTION.
   2.  WHEN  PARENTAGE IS PRESUMED OR LEGALLY-RECOGNIZED UNDER STATE LAW,
 THE FACT THAT A PARTY DID NOT PETITION FOR ADOPTION SHALL NOT BE CONSID-
 ERED AS EVIDENCE WHEN TWO OR MORE PRESUMPTIONS CONFLICT, NOR  IN  DETER-
 MINING THE BEST INTEREST OF THE CHILD.
   §  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, BASED
 ON  FACTORS LISTED IN PARAGRAPHS ONE, TWO, THREE AND FOUR OF SUBDIVISION
 (A) OF SECTION FIVE HUNDRED EIGHTY-SIX OF THE FAMILY COURT ACT, and what
 will best promote [its] THE CHILD'S  welfare  and  happiness,  and  make
 award  accordingly.    WHERE  A COURT DEEMS IT TO BE IN THE CHILD'S BEST
 INTEREST, BASED ON FACTORS LISTED IN PARAGRAPHS ONE, TWO, THREE AND FOUR
 OF SUBDIVISION (A) OF SECTION FIVE  HUNDRED  EIGHTY-SIX  OF  THE  FAMILY
 COURT ACT, THE COURT MAY AWARD CUSTODY TO MORE THAN TWO PARENTS.
   § 5. Section 24 of the domestic relations law is REPEALED.
   § 6. Section 417 of the family court act is REPEALED.
   §  7.  The  family court act is amended by adding a new article 5-D to
 read as follows:
                                 ARTICLE 5-D
                            PRESUMED PARENTAGE
 SECTION 582. DEFINITIONS.
 S. 4555                             5
 
         583. PRESUMPTION OF PARENTAGE.
         584. CHALLENGE TO A PRESUMED PARENT.
         585. ADJUDICATING PARENTAGE OF CHILD WITH PRESUMED PARENT.
         586. ADJUDICATING COMPETING CLAIMS OF PARENTAGE.
         587. PRESERVATION OF PARENT-CHILD RELATIONSHIP.
   § 582. DEFINITIONS. IN THIS ARTICLE:
   (A) "MARRIAGE" MEANS THE LEGALLY RECOGNIZED UNION OF TWO PEOPLE OR ANY
 LEGAL  RELATIONSHIP  BETWEEN  TWO PEOPLE THAT PROVIDES SUBSTANTIALLY THE
 SAME RIGHTS, BENEFITS, AND RESPONSIBILITIES OF MARRIAGE  AND  IS  RECOG-
 NIZED  AS  VALID  IN  THE STATE OR JURISDICTION IN WHICH IT WAS ENTERED,
 INCLUDING, BUT NOT LIMITED TO, CIVIL UNIONS.
   (B) "PARENT" SHALL HAVE THE SAME MEANING AS IN SECTION 581-102 OF THIS
 ACT.
   (C) "PRESUMED PARENT" MEANS AN INDIVIDUAL WHO UNDER SECTION 582-102 OF
 THIS ACT IS PRESUMED TO BE A PARENT OF A CHILD, UNLESS  THE  PRESUMPTION
 IS  OVERCOME  IN A JUDICIAL PROCEEDING, OR A COURT ADJUDICATES THE INDI-
 VIDUAL TO BE A PARENT.
   § 583. PRESUMPTION OF PARENTAGE. (A) AN INDIVIDUAL IS PRESUMED TO BE A
 PARENT OF A CHILD IF:
   (1) EXCEPT AS OTHERWISE PROVIDED UNDER SECTION 581-406 OF THIS ACT:
   (I) THE INDIVIDUAL AND THE PERSON WHO GAVE  BIRTH  TO  THE  CHILD  ARE
 MARRIED TO EACH OTHER AND THE CHILD IS BORN DURING THE MARRIAGE, REGARD-
 LESS OF WHETHER THE MARRIAGE IS OR COULD BE DECLARED INVALID; OR
   (II)  THE  INDIVIDUAL  AND THE PERSON WHO GAVE BIRTH TO THE CHILD WERE
 MARRIED TO EACH OTHER AND THE CHILD IS BORN NOT LATER THAN THREE HUNDRED
 DAYS AFTER THE MARRIAGE IS TERMINATED BY  DEATH,  DIVORCE,  DISSOLUTION,
 ANNULMENT,  OR  DECLARATION  OF  INVALIDITY,  REGARDLESS  OF WHETHER THE
 MARRIAGE IS OR COULD BE DECLARED INVALID; OR
   (III) THE INDIVIDUAL AND THE  PERSON  WHO  GAVE  BIRTH  TO  THE  CHILD
 MARRIED  EACH  OTHER AFTER THE BIRTH OF THE CHILD, REGARDLESS OF WHETHER
 THE MARRIAGE IS OR COULD BE DECLARED INVALID, THE INDIVIDUAL AT ANY TIME
 ASSERTED PARENTAGE OF THE CHILD, AND:
   (A) THE ASSERTION IS IN A RECORD FILED WITH A STATE AGENCY MAINTAINING
 BIRTH RECORDS; OR
   (B) THE INDIVIDUAL AGREED TO BE AND IS NAMED AS A PARENT OF THE  CHILD
 ON THE BIRTH CERTIFICATE OF THE CHILD; OR
   (IV)  THE  INDIVIDUAL RESIDED IN THE SAME HOUSEHOLD WITH THE CHILD AND
 OPENLY HELD OUT THE CHILD AS THE INDIVIDUAL'S OWN CHILD FOR A PERIOD  OF
 AT LEAST ONE YEAR, 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 FIVE HUNDRED EIGHTY-FOUR OR  FIVE  HUNDRED  EIGHTY-SIX  OF
 THIS ARTICLE.
   §  584.  CHALLENGE TO A PRESUMED PARENT. DURING A CHILD'S MINORITY, AN
 EXISTING PARENT OF THE CHILD MAY CHALLENGE A  PRESUMPTION  OF  PARENTAGE
 UNDER  SUBPARAGRAPH  (IV) OF PARAGRAPH ONE OF SUBDIVISION (A) OF SECTION
 FIVE HUNDRED EIGHTY-THREE OF THIS ARTICLE WITH EVIDENCE THAT THE  PARENT
 OPENLY  HELD  OUT  THE  CHILD  AS  THE PRESUMPTIVE PARENT'S CHILD DUE TO
 DURESS, COERCION, OR THREAT OF HARM.
   § 585. ADJUDICATING PARENTAGE OF CHILD WITH  PRESUMED  PARENT.  (A)  A
 CIVIL  PROCEEDING  MAY  BE  MAINTAINED  TO ADJUDICATE THE PARENTAGE OF A
 CHILD UNDER THE CIRCUMSTANCES SET FORTH IN THIS ARTICLE. THIS PROCEEDING
 SHALL BE GOVERNED BY THE CIVIL PRACTICE LAW AND RULES.
   (B) A PROCEEDING TO ADJUDICATE PARENTAGE OF A  PRESUMED  PARENT  OF  A
 CHILD SHALL BE COMMENCED BEFORE THE CHILD TURNS TWENTY-ONE YEARS OLD.
 S. 4555                             6
 
   (C)  A PETITION FOR A JUDGMENT OF PARENTAGE OR NONPARENTAGE OF A CHILD
 WITH A PRESUMED PARENT MAY BE INITIATED BY:
   (1)  A  CHILD,  WHO  MAY BE, BUT IS NOT REQUIRED TO BE, A PARTY TO THE
 PROCEEDING; OR
   (2) A PARENT; OR
   (3) A PRESUMED PARENT.
   (D) IF THE PRESUMED PARENT AND THE PERSON WHO GAVE BIRTH TO THE  CHILD
 ARE  THE  ONLY INDIVIDUALS WITH CLAIMS TO PARENTAGE OF THE CHILD, AND IF
 NO PARTY TO THE PROCEEDING CHALLENGES THE PRESUMED PARENT'S PARENTAGE OF
 THE CHILD, THE COURT SHALL ADJUDICATE THE PRESUMED PARENT TO BE A PARENT
 OF THE CHILD.
   (E) IF ANY PARTY TO  THE  PROCEEDING  CHALLENGES  THE  PRESUMPTION  OF
 PARENTAGE  PURSUANT TO SECTION FIVE HUNDRED EIGHTY-FOUR OF THIS ARTICLE,
 THE COURT SHALL ADJUDICATE THE PARENTAGE OF THE CHILD IN THE BEST INTER-
 EST OF THE CHILD BASED ON THE FACTORS LISTED  IN  PARAGRAPHS  ONE,  TWO,
 THREE  AND FOUR OF SUBDIVISION (A) OF SECTION FIVE HUNDRED EIGHTY-SIX OF
 THIS ARTICLE.
   (F) IF IN A PROCEEDING TO ADJUDICATE A PRESUMED PARENT'S PARENTAGE  OF
 A  CHILD, ANOTHER INDIVIDUAL IN ADDITION TO THE PERSON WHO GAVE BIRTH TO
 THE CHILD ASSERTS A CLAIM TO PARENTAGE OF THE  CHILD,  THE  COURT  SHALL
 ADJUDICATE  PARENTAGE  UNDER  SECTIONS  FIVE HUNDRED EIGHTY-SIX AND FIVE
 HUNDRED EIGHTY-SEVEN OF THIS ARTICLE AND ISSUE  JUDGMENTS  OF  PARENTAGE
 AND/OR NONPARENTAGE IN ACCORDANCE WITH ITS FINDINGS.
   § 586. ADJUDICATING COMPETING CLAIMS OF PARENTAGE. (A) IN A PROCEEDING
 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; AND
   (2)  THE  LENGTH OF TIME DURING WHICH EACH INDIVIDUAL ASSUMED THE ROLE
 OF PARENT OF THE CHILD; AND
   (3) THE NATURE OF THE RELATIONSHIP BETWEEN THE CHILD AND EACH INDIVID-
 UAL; AND
   (4) THE HARM TO THE CHILD IF THE RELATIONSHIP BETWEEN  THE  CHILD  AND
 EACH INDIVIDUAL IS NOT RECOGNIZED; AND
   (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.
   § 587. PRESERVATION OF PARENT-CHILD  RELATIONSHIP.  (A)  A  COURT  MAY
 ADJUDICATE A CHILD TO HAVE MORE THAN TWO PARENTS IF THE COURT FINDS THAT
 SUCH ADJUDICATION IS IN THE BEST INTEREST OF THE CHILD. A FINDING OF THE
 BEST  INTEREST  OF THE CHILD SHALL NOT REQUIRE A FINDING OF UNFITNESS OF
 ANY PARENT OR PERSON SEEKING AN ADJUDICATION OF PARENTAGE. IN  DETERMIN-
 ING  THE  BEST INTEREST OF THE CHILD, THE COURT SHALL CONSIDER ALL RELE-
 VANT FACTORS, INCLUDING FACTORS LISTED IN PARAGRAPHS ONE, TWO, THREE AND
 FOUR OF SUBDIVISION (A) OF SECTION FIVE HUNDRED EIGHTY-SIX OF THIS ARTI-
 CLE, AND THE INTENTION OF 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.
   (B)  IF A COURT HAS ADJUDICATED A CHILD TO HAVE MORE THAN TWO PARENTS,
 THE LAW OF THIS STATE OTHER THAN THIS ACT APPLIES TO  DETERMINATIONS  OF
 LEGAL  AND  PHYSICAL  CUSTODY OF, OR VISITATION WITH, SUCH CHILD, AND TO
 OBLIGATIONS TO SUPPORT SUCH CHILD. THE CHILD SUPPORT  GUIDELINES  ESTAB-
 LISHED PURSUANT TO SECTION TWO HUNDRED FORTY-B OF THE DOMESTIC RELATIONS
 LAW  AND SECTION FOUR HUNDRED THIRTEEN OF THIS ACT SHALL NOT APPLY UNTIL
 S. 4555                             7
 
 SUCH GUIDELINES HAVE BEEN REVISED TO ADDRESS THE  CIRCUMSTANCES  WHEN  A
 CHILD HAS MORE THAN TWO PARENTS, AND UNTIL SUCH REVISION IS EFFECTIVE, A
 COURT  OF COMPETENT JURISDICTION SHALL CONSIDER THE CHILD SUPPORT GUIDE-
 LINES  AND  THE  CRITERIA  FOR  SUCH  AWARDS  ESTABLISHED IN SECTION TWO
 HUNDRED FORTY-B OF THE DOMESTIC RELATIONS LAW AND SECTION  FOUR  HUNDRED
 THIRTEEN  OF  THIS  ACT  IN MAKING OR MODIFYING ORDERS OF SUPPORT OF THE
 CHILD.
   § 8. Subdivision (c) of section 516-a of  the  family  court  act,  as
 amended  by  section  15 of part L of chapter 56 of the laws of 2020, is
 amended to read as follows:
   (c) An acknowledgment of parentage is void if, at the time of signing,
 any of the following are true:
   (i) a person other than the signatories is a presumed  parent  of  the
 child  pursuant  to  [section twenty-four of the domestic relations law]
 SECTION FIVE HUNDRED EIGHTY-THREE OF THIS ACT;
   (ii) a court has entered a judgment of parentage of the child;
   (iii) another person has signed a valid  acknowledgment  of  parentage
 with regard to the child;
   (iv) the child has a parent pursuant to section 581-303 of [the family
 court] THIS act other than the signatories;
   (v) a signatory is a gamete donor under section 581-302 of [the family
 court] THIS act; or
   (vi)  the  acknowledgment  is signed by a person who asserts that they
 are a parent under section 581-303 of [the family court] THIS act  of  a
 child  conceived  through  assisted  reproduction, but the child was not
 conceived through assisted reproduction.
   § 9. Paragraph (d) of subdivision 1 of section 4135-b  of  the  public
 health law, as added by section 8 of part L of chapter 56 of the laws of
 2020, is amended to read as follows:
   (d) An acknowledgment of parentage is void if, at the time of signing,
 any of the following are true:
   (i)  A  person  other than the signatories is a presumed parent of the
 child under [section twenty-four of the domestic relations law]  SECTION
 FIVE HUNDRED EIGHTY-THREE OF THE FAMILY COURT ACT;
   (ii) A court has entered a judgment of parentage of the child;
   (iii)  Another  person  has signed a valid acknowledgment of parentage
 with regard to the child;
   (iv) The child has a parent under section 581-303 of the family  court
 act other than the signatories;
   (v)  A signatory is a gamete donor under section 581-302 of the family
 court act;
   (vi) The acknowledgment is signed by a person who  asserts  that  they
 are  a  parent  under section 581-303 of the family court act of a child
 conceived through assisted reproduction, but the child was not conceived
 through assisted reproduction.
   § 10. Subparagraphs 2 and 4 of  paragraph  (b)  of  subdivision  1  of
 section  413  of  the family court act, as amended by chapter 567 of the
 laws of 1989, 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] ONE OR MORE parents or pursuant 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.
 S. 4555                             8
 
   §  11. Clause (vi) of subparagraph 5 of paragraph (c) of subdivision 1
 of section 413 of the family court act, as added by chapter 215  of  the
 laws of 2009, is amended to read as follows:
   (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 subdivision one  of
 this section, the court shall:
   (A)  order  the parties to pay cash medical support as the court finds
 just and appropriate, considering the best interests of the child; and
   (B) set forth in the order  the  factors  it  considered,  the  amount
 calculated  under this subparagraph, the reason or reasons the court did
 not order such amount, and the basis for the amount awarded.
   § 12. Subparagraphs 6 and 7 of  paragraph  (f)  of  subdivision  1  of
 section  413  of  the family court act, as amended by chapter 567 of the
 laws of 1989, are amended to read as follows:
   (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] ANOTHER parent's gross income;
   §  13.  Paragraphs (g), (i) and (j) of subdivision 1 of section 413 of
 the family court act, paragraphs (g) and (i) as amended by  chapter  436
 of  the  laws  of 2011 and paragraph (j) as amended by chapter 59 of the
 laws of 1993, are amended to read as follows:
   (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  OR  PARTIES  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 OR PARTIES with a copy
 of the child support standards chart.
 S. 4555                             9
 
   (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.
   §  14.  Paragraph  a  and  the opening paragraph and subparagraph 1 of
 paragraph b of subdivision 3 of section 413 of the family court act,  as
 amended  by  chapter  398  of  the  laws of 1997, are amended to read as
 follows:
   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.
   § 15. This act shall take effect immediately.

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Senate Bill S4555

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Sponsored By

Brad Hoylman-Sigal

Current Bill Status - In Senate Committee Children And Families Committee

co-Sponsors

Jeremy Cooney

Robert Jackson

Jessica Ramos

Luis R. Sepúlveda

2025-S4555 (ACTIVE) - Details

2025-S4555 (ACTIVE) - Summary

2025-S4555 (ACTIVE) - Sponsor Memo

2025-S4555 (ACTIVE) - Bill Text download pdf

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