2023 New York Laws › SOS - Social Services › Article 3 - Local Public Welfare Organization; Powers and Duties › Title 6-A - Establishment of Paternity and Enforcement of Support › 111-K - Procedures Relating to Acknowledgements of Parentage, Agreements to Support and Genetic Tests.

§   111-k.   Procedures  relating  to  acknowledgments  of  parentage,
agreements to support, and genetic tests. 1. A social services  official
or  his  or  her  designated representative who confers with a potential
respondent or respondent, hereinafter referred to in this section as the
"respondent", the mother of a child born out of wedlock  and  any  other
interested  persons,  pursuant  to  section one hundred eleven-c of this
title, may obtain:
(a) an acknowledgment of parentage of a  child,  as  provided  for  in
article  five-B  or  section  five hundred sixteen-a of the family court
act, by a written statement, witnessed by two people not related to  the
signator  or  as  provided  for  in  section  four  thousand one hundred
thirty-five-b of the public health law. Prior to the execution  of  such
acknowledgment  by  the child's mother and the respondent, they shall be
advised, orally, which  may  be  through  the  use  of  audio  or  video
equipment,  and  in  writing,  of  the  consequences  of  making such an
acknowledgment. Upon the  signing  of  an  acknowledgment  of  parentage
pursuant  to  this  section,  the social services official or his or her
representative  shall  file  the  original   acknowledgment   with   the
registrar.
(b)  an agreement to make support payments as provided in section four
hundred twenty-five of the family court act. Prior to the  execution  of
such  agreement,  the  respondent shall be advised, orally, which may be
through the use of audio or video equipment,  and  in  writing,  of  the
consequences  of  such agreement, that the respondent can be held liable
for support only if the family court, after a hearing, makes an order of
support; that respondent has a right to consult  with  an  attorney  and
that  the  agreement  will be submitted to the family court for approval
pursuant to section four hundred twenty-five of the  family  court  act;
and  that by executing the agreement, the respondent waives any right to
a hearing regarding any matter contained in such agreement.
2. (a) When the paternity of a child is contested, a  social  services
official  or  designated representative may order the mother, the child,
and the alleged father to submit to one or more genetic  marker  or  DNA
tests  of  a type generally acknowledged as reliable by an accreditation
body designated by the secretary of the federal department of health and
human services and  performed  by  a  laboratory  approved  by  such  an
accreditation  body  and  by  the  commissioner  of  health or by a duly
qualified physician to aid in the determination of whether  or  not  the
alleged father is the father of the child. The order may be issued prior
or  subsequent  to  the filing of a petition with the court to establish
paternity, shall be served on the parties by certified mail,  and  shall
include  a  sworn  statement which either (i) alleges parentage and sets
forth facts establishing  a  reasonable  possibility  of  the  requisite
sexual  contact  between  the parties, or (ii) denies parentage and sets
forth facts establishing a reasonable possibility that the party is  not
the  father.  The  parties  shall  not  be  required  to  submit  to the
administration and analysis of such  tests  if  they  sign  a  voluntary
acknowledgment   of  parentage  in  accordance  with  paragraph  (a)  of
subdivision one of this section, or if there has been a written  finding
by  the  court  that it is not in the best interests of the child on the
basis of res judicata,  equitable  estoppel,  the  child  was  conceived
through  assisted  reproduction  or  the  presumption of legitimacy of a
child born to a married person.
(b) The record or report of the results of any such genetic marker  or
DNA  test  may  be submitted to the family court as evidence pursuant to
subdivision (e)  of  rule  forty-five  hundred  eighteen  of  the  civil
practice  law  and  rules  where no timely objection in writing has been
made thereto.
(c) The cost of any test ordered pursuant to  this  section  shall  be
paid  by the social services district provided however, that the alleged
father shall reimburse the district for the cost of such  test  at  such
time  as  the  alleged  father's parentage is established by a voluntary
acknowledgment  of  parentage  or an order of filiation. If either party
contests the results of genetic marker or DNA tests, an additional  test
may  be ordered upon written request to the social services district and
advance payment by the requesting party.
(d) The parties shall be required to submit to such tests  and  appear
at  any conference scheduled by the social services official or designee
to discuss the notice of the allegation of paternity or to  discuss  the
results  of such tests. If the alleged genetic parent fails to appear at
any such conference or fails to submit to such  genetic  marker  or  DNA
tests, the social services official or designee shall petition the court
to  establish parentage, provide the court with a copy of the records or
reports of such tests if any, and request the court to  issue  an  order
for  temporary support pursuant to section five hundred forty-two of the
family court act.
3. Any reference to an acknowledgment of paternity in any law of  this
state  or any similar instrument signed in another state consistent with
the law of that state shall be interpreted to mean an acknowledgment  of
parentage  executed  pursuant to this section, section four thousand one
hundred thirty-five-b of the public health  law  or  signed  in  another
state consistent with the law of that state.