NY Est Pow & Trusts L § 4-1.2 (2021)
2021 New York Laws EPT - Estates, Powers and Trusts Article 4 - Descent and Distribution of an Intestate Estate Part 1 - Rules Governing Intestate Succession 4-1.2 - Inheritance by Non-Marital Children

§ 4-1.2 Inheritance by non-marital children  (a) For the purposes of this article:  (1)  A non-marital child is the legitimate child of his mother so that he and his issue inherit from his mother and from his maternal kindred.  (2) A non-marital child is the  legitimate  child  of  his  father  or non-gestating intended parent so that he and his issue inherit from such parent and such parent's kindred if:  (A)  a court of competent jurisdiction has, during the lifetime of the father, made an order of filiation or parentage declaring  parentage  or the parentage of the child has been established through the execution of an  acknowledgment  of  parentage  pursuant to section four thousand one hundred thirty-five-b of the public health law,  which  has  been  filed with  the  registrar  of the district in which the birth certificate has been filed or;  (B) the father of the child has  signed  an  instrument  acknowledging parentage, provided that  (i)  such instrument is acknowledged or executed or proved in the form required to entitle a deed to be recorded in the presence of one or more witnesses and acknowledged by such witness or witnesses, in either case, before a notary public or other officer  authorized  to  take  proof  of deeds and  (ii)  such  instrument  is  filed  within  sixty  days from the making thereof with the putative  father  registry  established  by  the  state department   of  social  services  pursuant  to  section  three  hundred seventy-two-c of the social  services  law,  as  added  by  chapter  six hundred sixty-five of the laws of nineteen hundred seventy-six and  (iii)  the  department  of social services shall, within seven days of the filing of the instrument, send written notice by registered mail  to the  mother  and other legal guardian of such child, notifying them that an acknowledgment of parentage instrument acknowledged  or  executed  by such parent has been duly filed or;  (C)  parentage  has been established by clear and convincing evidence, which may include, but is not limited to: (i) evidence  derived  from  a genetic  marker  test,  or  (ii)  evidence  that  the  parent openly and notoriously acknowledged the child as his or her own, however nothing in this section regarding genetic marker tests shall be construed to expand or  limit  the  current  application  of  subdivision  four  of  section forty-two hundred ten of the public health law.  (3) The existence of an agreement obligating the father to support the non-marital  child  does  not qualify such child or his issue to inherit from the father in  the  absence  of  an  order  of  filiation  made  or acknowledgement of parentage as prescribed by subparagraph (2).  (4) A motion for relief from an order of filiation may be made only by the  father and a motion for relief from an acknowledgement of parentage may be made by a parent or other legal guardian of such  child,  or  the child,  provided  however, such motion must be made within one year from the entry of such order or from the date of written notice  as  provided for in subparagraph (2).  (b)  If  a non-marital child dies, his or her surviving spouse, issue, mother, maternal kindred, father and paternal kindred  inherit  and  are entitled  to  letters of administration as if the decedent was a marital child, provided that the father and  paternal  kindred  may  inherit  or obtain  such  letters only if the parentage of the non-marital child has been established pursuant to any of the provisions of  subparagraph  (2) of paragraph (a).