N.Y. EPT Law § 4-1.2 — New York Code / Act EPT / Article 4 / Part 1 / Section 4-1.2
Inheritance by non-marital children
Status: in_force

§ 4-1.2 Inheritance by non-marital children\n  (a) For the purposes of this article:\n  (1) A non-marital child is the legitimate child of his mother so that\nhe and his issue inherit from his mother and from his maternal kindred.\n  (2) A non-marital child is the legitimate child of his father or\nnon-gestating intended parent so that he and his issue inherit from such\nparent and such parent's kindred if:\n  (A) a court of competent jurisdiction has, during the lifetime of the\nfather, made an order of filiation or parentage declaring parentage or\nthe parentage of the child has been established through the execution of\nan acknowledgment of parentage pursuant to section four thousand one\nhundred thirty-five-b of the public health law, which has been filed\nwith the registrar of the district in which the birth certificate has\nbeen filed or;\n  (B) the father of the child has signed an instrument acknowledging\nparentage, provided that\n  (i) such instrument is acknowledged or executed or proved in the form\nrequired to entitle a deed to be recorded in the presence of one or more\nwitnesses and acknowledged by such witness or witnesses, in either case,\nbefore a notary public or other officer authorized to take proof of\ndeeds and\n  (ii) such instrument is filed within sixty days from the making\nthereof with the putative father registry established by the state\ndepartment of social services pursuant to section three hundred\nseventy-two-c of the social services law, as added by chapter six\nhundred sixty-five of the laws of nineteen hundred seventy-six and\n  (iii) the department of social services shall, within seven days of\nthe filing of the instrument, send written notice by registered mail to\nthe mother and other legal guardian of such child, notifying them that\nan acknowledgment of parentage instrument acknowledged or executed by\nsuch parent has been duly filed or;\n  (C) parentage has been established by clear and convincing evidence,\nwhich may include, but is not limited to: (i) evidence derived from a\ngenetic marker test, or (ii) evidence that the parent openly and\nnotoriously acknowledged the child as his or her own, however nothing in\nthis section regarding genetic marker tests shall be construed to expand\nor limit the current application of subdivision four of section\nforty-two hundred ten of the public health law.\n  (3) The existence of an agreement obligating the father to support the\nnon-marital child does not qualify such child or his issue to inherit\nfrom the father in the absence of an order of filiation made or\nacknowledgement of parentage as prescribed by subparagraph (2).\n  (4) A motion for relief from an order of filiation may be made only by\nthe father and a motion for relief from an acknowledgement of parentage\nmay be made by a parent or other legal guardian of such child, or the\nchild, provided however, such motion must be made within one year from\nthe entry of such order or from the date of written notice as provided\nfor in subparagraph (2).\n  (b) If a non-marital child dies, his or her surviving spouse, issue,\nmother, maternal kindred, father and paternal kindred inherit and are\nentitled to letters of administration as if the decedent was a marital\nchild, provided that the father and paternal kindred may inherit or\nobtain such letters only if the parentage of the non-marital child has\nbeen established pursuant to any of the provisions of subparagraph (2)\nof paragraph (a).\n