N.Y. Family Court Act § 519: Effect of death, absence or mental illness of putative father

§ 519. Effect of death, absence or mental illness of putative father.

If, at any time before or after a petition if filed, the putative father

dies, or becomes mentally ill or cannot be found within the state,

neither the proceeding nor the right to commence the proceeding shall

necessarily abate but may be commenced or continued by any of the

persons authorized by this article to commence a paternity proceeding

where:

(a) the putative father was the petitioner in the paternity

proceeding; or,

(b) the putative father acknowledged paternity of the child in open

court; or,

(c) a genetic marker or DNA test had been administered to the putative

father prior to his death; or,

(d) the putative father has openly and notoriously acknowledged the

child as his own.