N.Y. Family Court Act § 516-a: Acknowledgment of parentage

§ 516-a. Acknowledgment of parentage. (a) An acknowledgment of

parentage executed pursuant to section one hundred eleven-k of the

social services law or section four thousand one hundred thirty-five-b

of the public health law shall establish the parentage of and liability

for the support of a child pursuant to this act. Such acknowledgment

must be reduced to writing and filed pursuant to section four thousand

one hundred thirty-five-b of the public health law with the registrar of

the district in which the birth occurred and in which the birth

certificate has been filed. No further judicial or administrative

proceedings are required to ratify an unchallenged acknowledgment of

parentage.

(b) (i) Where a signatory to an acknowledgment of parentage executed

pursuant to section one hundred eleven-k of the social services law or

section four thousand one hundred thirty-five-b of the public health law

had attained the age of eighteen at the time of execution of the

acknowledgment, the signatory may seek to rescind the acknowledgment by

filing a petition with the court to vacate the acknowledgment within the

earlier of sixty days of 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. 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.

(ii) Where a signatory to an acknowledgment of parentage executed

pursuant to section one hundred eleven-k of the social services law or

section four thousand one hundred thirty-five-b of the public health law

had not attained the age of eighteen at the time of execution of the

acknowledgment, the signatory may seek to rescind the acknowledgment by

filing a petition with the court to vacate 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.

(iii) Where a petition to vacate an acknowledgment of parentage has

been filed in accordance with paragraph (i) or (ii) of this subdivision,

the court shall order genetic marker tests or DNA tests for the

determination of the child's parentage. No such test shall be ordered,

however, where the acknowledgment was signed by the intended parent of a

child born through assisted reproduction pursuant to subparagraph (ii)

of paragraph (b) of subdivision one of section four thousand one hundred

thirty-five-b of the public health law, or upon 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, or the presumption of legitimacy of a

child born to a married person. If the court determines, following the

test, that the person who signed the acknowledgment is the parent of the

child, the court shall make a finding of parentage and enter an order of

parentage. If the court determines that the person who signed the

acknowledgment is not the parent of the child, the acknowledgment shall

be vacated.

(iv) After the expiration of the time limits set forth in paragraphs

(i) and (ii) of this subdivision, any of the signatories to an

acknowledgment of parentage may challenge the acknowledgment in court by

alleging and proving fraud, duress, or material mistake of fact. If the

petitioner proves to the court that the acknowledgment of parentage was

signed under fraud, duress, or due to a material mistake of fact, the

court shall then order genetic marker tests or DNA tests for the

determination of the child's parentage. No such test shall be ordered,

however, where the acknowledgment was signed by the intended parent of a

child born through assisted reproduction pursuant to subparagraph (ii)

of paragraph (b) of subdivision one of section four thousand one hundred

thirty-five-b of the public health law, or upon 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, or the presumption of legitimacy of a

child born to a married person. If the court determines, following the

test, that the person who signed the acknowledgment is the parent of the

child, the court shall make a finding of parentage and enter an order of

parentage. If the court determines that the person who signed the

acknowledgment is not the parent of the child, the acknowledgment shall

be vacated.

(v) If, at any time before or after a signatory has filed a petition

to vacate an acknowledgment of parentage pursuant to this subdivision,

the signatory dies or becomes mentally ill or cannot be found within the

state, neither the proceeding nor the right to commence the proceeding

shall abate but may be commenced or continued by any of the persons

authorized by this article to commence a parentage proceeding.

(c) 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 pursuant to 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 pursuant to 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; or

(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.

(d) Neither signatory's legal obligations, including the obligation

for child support arising from the acknowledgment, may be suspended

during the challenge to the acknowledgment except for good cause as the

court may find. If the court vacates the acknowledgment of parentage,

the court shall immediately provide a copy of the order to the registrar

of the district in which the child's birth certificate is filed and also

to the putative father registry operated by the department of social

services pursuant to section three hundred seventy-two-c of the social

services law. In addition, if the parent of the child who is the subject

of the acknowledgment is in receipt of child support services pursuant

to title six-A of article three of the social services law, the court

shall immediately provide a copy of the order to the child support

enforcement unit of the social services district that provides the

parent with such services.

(e) A determination of parentage made by any other state, whether

established through an administrative or judicial process or through an

acknowledgment of parentage signed in accordance with that state's laws,

must be accorded full faith and credit pursuant to section 466(a)(11) of

title IV-D of the social security act (42 U.S.C. § 666(a)(11)).

(f) 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 section one hundred eleven-k of the

social services law, 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.