NY Pub Health L § 4135-B (2021)
2021 New York Laws PBH - Public Health Article 41 - Vital Statistics Title 3 - Registration of Births 4135-B - Voluntary Acknowledgments of Parentage.

§  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.