N.Y. Estates, Powers & Trusts Law § 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).