§ 4135-b. Voluntary acknowledgments of parentage. 1. (a) Immediately
preceding or following the in-hospital birth of a child to an unmarried
person or to a person who gave birth to a child conceived through
assisted reproduction, the person in charge of such hospital or his or
her designated representative shall provide to the unmarried person who
gave birth to the child and the alleged genetic parent, if such alleged
genetic parent is readily identifiable and available, or to the person
who gave birth and the other intended parent of a child conceived
through assisted reproduction if such person is readily identifiable and
available, the documents and written instructions necessary for such
person or to a person who gave birth to a child conceived through
assisted reproduction and alleged persons to complete an acknowledgment
of parentage 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 certificate of live birth is filed, if possible, or anytime
thereafter. Nothing herein shall be deemed to require the person in
charge of such hospital or his or her designee to seek out or otherwise
locate an alleged genetic parent or intended parent of a child conceived
through assisted reproduction who is not readily identifiable or
available.

(b) The following persons may sign an acknowledgment of parentage to
establish the parentage of the child:

(i) An unmarried person who gave birth to the child and another person
who is a genetic parent.

(ii) A married or unmarried person who gave birth to the child and
another person who is an intended parent under section 581-303 of the
family court act of a child conceived through assisted reproduction.

(c) An acknowledgment of parentage shall be in a record signed by the
person who gave birth to the child and by either the genetic parent
other than the person who gave birth to the child or a person who is a
parent under section 581-303 of the family court act of the child
conceived through assisted reproduction.

(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;

(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.

(e) The acknowledgment shall be executed on a form provided by the
commissioner developed in consultation with the commissioner of the
office of temporary and disability assistance, which shall: (i) include
the social security number of the signatories; (ii) provide in plain
language (A) a statement by the person who gave birth to the child
consenting to the acknowledgment of parentage and a statement that the
other signatory is the only possible other genetic parent or that the
other signatory is an intended parent and the child was conceived
through assisted reproduction, (B) a statement by the, alleged genetic
parent, if any, that he or she is the genetic parent of the child, and
(C) a statement that the signing of the acknowledgment of parentage by
both parties shall have the same force and effect as an order of
parentage or 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; and (iii)
include the name and address, if known, of any gamete donors.

(f) Prior to the execution of an acknowledgment of parentage, the
person who gave birth to the child and the other signatory 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 parentage including, but not
limited to:

(i) that the signing of the acknowledgment of parentage shall
establish the parentage of the child and shall have the same force and
effect as an order of parentage 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 signatory other
than the person who gave birth to the child can be held liable for
support only if the family court, after a hearing, makes an order
declaring that the person is the parent 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 parentage
the signatory other than the person who gave birth to the child has a
right to free legal representation if indigent;

(iv) that an alleged genetic parent has a right to a genetic marker
test or to a DNA test when available;

(v) that by executing the acknowledgment, the alleged genetic parent
waives their right to a hearing, to which they would otherwise be
entitled, on the issue of parentage;

(vi) that a copy of the acknowledgment of parentage shall be filed
with the registry created by 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 alleged genetic parent or the other
intended parent of a child conceived through assisted reproduction
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
acknowledgment will establish inheritance rights from the alleged
genetic parent or the other intended parent of a child conceived through
assisted reproduction 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 ratify an unchallenged acknowledgment of parentage provided,
however, that:

(A) A signatory to an acknowledgment of parentage, 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 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 parentage, who had not
attained the age of eighteen at the time of execution of the
acknowledgment, 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 the time limits set forth in clauses
(A) and (B) of subparagraph (viii) of this paragraph, any of the
signatories may challenge the acknowledgment of parentage 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 the person who gave birth to the child and the other
signatory may wish to consult with attorneys before executing the
acknowledgment; and that they have the right to seek legal
representation and supportive services including counseling regarding
such acknowledgment;

(xi) that the acknowledgment of parentage may be the basis for the
signatory other than the person who gave birth to the child establishing
custody and visitation rights to the child and for requiring the consent
of the signatory other than the person who gave birth to the child prior
to an adoption proceeding;

(xii) that the refusal of the person who gave birth to the child to
sign the acknowledgment shall not be deemed a failure to cooperate in
establishing parentage of the child; and

(xiii) that the child may bear the last name of either parent, or any
combination thereof, which name shall not affect the legal status of the
child.
In addition, the governing body of such hospital shall ensure that
appropriate staff shall provide to the person who gave birth to the
child and the other signatory, prior to the discharge from the hospital
of the person who gave birth to the child, the opportunity to speak with
hospital staff to obtain clarifying information and answers to their
questions about parentage establishment, and shall also provide the
telephone number of the local support collection unit.

(g) 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 person who gave birth at the address designated by her
for that purpose, a certified copy of the certificate of birth and, if
applicable, a certified copy of the written acknowledgment of parentage.
If the person who gave birth 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 parentage to the social services district of
the county within which the person who gave birth resides.

2. (a) When a child's parentage 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 parentage has not been acknowledged voluntarily
pursuant to paragraph (a) of subdivision one of this section or
paragraph (a) of this subdivision, the person who gave birth to the
child and the other signatory may voluntarily acknowledge a child's
parentage pursuant to this paragraph by signing the acknowledgment of
parentage.

(c) A signatory to an acknowledgment of parentage, 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.

(d) A signatory to an acknowledgment of parentage, who has not
attained the age of eighteen at the time of execution of the
acknowledgment, 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 to vacate the acknowledgment within sixty days of the
date of such proceeding.

(e) After the expiration of the time limits set forth in paragraphs
(c) and (d) of this subdivision, any of the signatories may challenge
the acknowledgment of parentage 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
acknowledgment shall be filed with the registrar of the district in
which the birth certificate has been filed.

3. (a) An acknowledgment of parentage executed by any two people
eligible to sign such an acknowledgment under paragraph (b) of
subdivision one of this section, married or unmarried, shall establish
the parentage of a child and shall have the same force and effect as an
order of parentage or filiation issued by a court of competent
jurisdiction. Such acknowledgement shall thereafter be filed with the
registrar pursuant to subdivision one or two of this section.

(b) A registrar with whom an acknowledgment of parentage has been
filed pursuant to subdivision one or two of this section shall file the
acknowledgment with the state department of health, the New York city
department of health and mental hygiene and the registry operated by the
department of social services pursuant to section three hundred
seventy-two-c of the social services law. If the acknowledgment includes
the name and address of any known gamete donors of a child conceived
through assisted reproduction, the state department of health or the New
York city department of health and mental hygiene shall mail a copy to
the known donors listed on the form with the social security numbers of
the signatories redacted.

4. The court shall give full faith and credit to an acknowledgment of
parentage effective in another state if the acknowledgment was in a
signed record and otherwise complies with the law of the other state.

5. A new certificate of birth shall be issued if the certificate of
birth of the child as defined in paragraph (b) of subdivision one of
section four thousand one hundred thirty-five of this article has been
filed without entry of the name of the signatory other than the person
who gave birth, and the commissioner thereafter receives a notarized
acknowledgment of parentage accompanied by the written consent of the
person who gave birth to the child and other signatory to the entry of
the name of such person, which consent may also be to a change in the
surname of the child.

6. Any reference to an acknowledgment of paternity in any law of this
state shall be interpreted to mean an acknowledgment of parentage signed
pursuant to this section or signed in another state consistent with the
law of that state.