2023 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).