N.Y. Public Health Law § 4135-b: Voluntary acknowledgments of parentage

§ 4135-b. Voluntary acknowledgments of parentage. 1. (a) Immediately

preceding or following the in-hospital birth of a child to an unmarried

person or to a person who gave birth to a child conceived through

assisted reproduction, the person in charge of such hospital or his or

her designated representative shall provide to the unmarried person who

gave birth to the child and the alleged genetic parent, if such alleged

genetic parent is readily identifiable and available, or to the person

who gave birth and the other intended parent of a child conceived

through assisted reproduction if such person is readily identifiable and

available, the documents and written instructions necessary for such

person or to a person who gave birth to a child conceived through

assisted reproduction and alleged persons to complete an acknowledgment

of parentage witnessed by two persons not related to the signatory. Such

acknowledgment, if signed by both parties, at any time following the

birth of a child, shall be filed with the registrar at the same time at

which the certificate of live birth is filed, if possible, or anytime

thereafter. Nothing herein shall be deemed to require the person in

charge of such hospital or his or her designee to seek out or otherwise

locate an alleged genetic parent or intended parent of a child conceived

through assisted reproduction who is not readily identifiable or

available.

(b) The following persons may sign an acknowledgment of parentage to

establish the parentage of the child:

(i) An unmarried person who gave birth to the child and another person

who is a genetic parent.

(ii) A married or unmarried person who gave birth to the child and

another person who is an intended parent under section 581-303 of the

family court act of a child conceived through assisted reproduction.

(c) An acknowledgment of parentage shall be in a record signed by the

person who gave birth to the child and by either the genetic parent

other than the person who gave birth to the child or a person who is a

parent under section 581-303 of the family court act of the child

conceived through assisted reproduction.

(d) 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 under 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 under 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;

(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.

(e) The acknowledgment shall be executed on a form provided by the

commissioner developed in consultation with the commissioner of the

office of temporary and disability assistance, which shall: (i) include

the social security number of the signatories; (ii) provide in plain

language (A) a statement by the person who gave birth to the child

consenting to the acknowledgment of parentage and a statement that the

other signatory is the only possible other genetic parent or that the

other signatory is an intended parent and the child was conceived

through assisted reproduction, (B) a statement by the, alleged genetic

parent, if any, that he or she is the genetic parent of the child, and

(C) a statement that the signing of the acknowledgment of parentage by

both parties shall have the same force and effect as an order of

parentage or filiation entered after a court hearing by a court of

competent jurisdiction, including an obligation to provide support for

the child except that, only if filed with the registrar of the district

in which the birth certificate has been filed, will the acknowledgment

have such force and effect with respect to inheritance rights; and (iii)

include the name and address, if known, of any gamete donors.

(f) Prior to the execution of an acknowledgment of parentage, the

person who gave birth to the child and the other signatory shall be

provided orally, which may be through the use of audio or video

equipment, and in writing with such information as is required pursuant

to this section with respect to their rights and the consequences of

signing a voluntary acknowledgment of parentage including, but not

limited to:

(i) that the signing of the acknowledgment of parentage shall

establish the parentage of the child and shall have the same force and

effect as an order of parentage or filiation issued by a court of

competent jurisdiction establishing the duty of both parties to provide

support for the child;

(ii) that if such an acknowledgment is not made, the signatory other

than the person who gave birth to the child can be held liable for

support only if the family court, after a hearing, makes an order

declaring that the person is the parent of the child whereupon the court

may make an order of support which may be retroactive to the birth of

the child;

(iii) that if made a respondent in a proceeding to establish parentage

the signatory other than the person who gave birth to the child has a

right to free legal representation if indigent;

(iv) that an alleged genetic parent has a right to a genetic marker

test or to a DNA test when available;

(v) that by executing the acknowledgment, the alleged genetic parent

waives their right to a hearing, to which they would otherwise be

entitled, on the issue of parentage;

(vi) that a copy of the acknowledgment of parentage shall be filed

with the registry created by section three hundred seventy-two-c of the

social services law, and that such filing may establish the child's

right to inheritance from the alleged genetic parent or the other

intended parent of a child conceived through assisted reproduction

pursuant to clause (B) of subparagraph two of paragraph (a) of section

4-1.2 of the estates, powers and trusts law;

(vii) that, if such acknowledgment is filed with the registrar of the

district in which the birth certificate has been filed, such

acknowledgment will establish inheritance rights from the alleged

genetic parent or the other intended parent of a child conceived through

assisted reproduction pursuant to clause (A) of subparagraph two of

paragraph (a) of section 4-1.2 of the estates, powers and trusts law;

(viii) that no further judicial or administrative proceedings are

required to ratify an unchallenged acknowledgment of parentage provided,

however, that:

(A) A signatory to an acknowledgment of parentage, who had attained

the age of eighteen at the time of execution of the acknowledgment,

shall have the right to rescind the acknowledgment within the earlier of

sixty days from 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, provided that the "date of an

administrative or a judicial proceeding" shall be the date by which the

respondent is required to answer the petition;

(B) A signatory to an acknowledgment of parentage, who had not

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

acknowledgment, shall have the right to rescind 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, 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;

(ix) that after the expiration of the time limits set forth in clauses

(A) and (B) of subparagraph (viii) of this paragraph, any of the

signatories may challenge the acknowledgment of parentage in court only

on the basis of fraud, duress, or material mistake of fact, with the

burden of proof on the party challenging the voluntary acknowledgment;

(x) that the person who gave birth to the child and the other

signatory may wish to consult with attorneys before executing the

acknowledgment; and that they have the right to seek legal

representation and supportive services including counseling regarding

such acknowledgment;

(xi) that the acknowledgment of parentage may be the basis for the

signatory other than the person who gave birth to the child establishing

custody and visitation rights to the child and for requiring the consent

of the signatory other than the person who gave birth to the child prior

to an adoption proceeding;

(xii) that the refusal of the person who gave birth to the child to

sign the acknowledgment shall not be deemed a failure to cooperate in

establishing parentage of the child; and

(xiii) that the child may bear the last name of either parent, or any

combination thereof, which name shall not affect the legal status of the

child.

In addition, the governing body of such hospital shall ensure that

appropriate staff shall provide to the person who gave birth to the

child and the other signatory, prior to the discharge from the hospital

of the person who gave birth to the child, the opportunity to speak with

hospital staff to obtain clarifying information and answers to their

questions about parentage establishment, and shall also provide the

telephone number of the local support collection unit.

(g) Within ten days after receiving the certificate of birth, the

registrar shall furnish without charge to each parent or guardian of the

child or to the person who gave birth at the address designated by her

for that purpose, a certified copy of the certificate of birth and, if

applicable, a certified copy of the written acknowledgment of parentage.

If the person who gave birth is in receipt of child support enforcement

services pursuant to title six-A of article three of the social services

law, the registrar also shall furnish without charge a certified copy of

the certificate of birth and, if applicable, a certified copy of the

written acknowledgment of parentage to the social services district of

the county within which the person who gave birth resides.

2. (a) When a child's parentage is acknowledged voluntarily pursuant

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

services official shall file the executed acknowledgment with the

registrar of the district in which the birth occurred and in which the

birth certificate has been filed.

(b) Where a child's parentage has not been acknowledged voluntarily

pursuant to paragraph (a) of subdivision one of this section or

paragraph (a) of this subdivision, the person who gave birth to the

child and the other signatory may voluntarily acknowledge a child's

parentage pursuant to this paragraph by signing the acknowledgment of

parentage.

(c) A signatory to an acknowledgment of parentage, who has attained

the age of eighteen at the time of execution of the acknowledgment shall

have the right to rescind the acknowledgment within the earlier of sixty

days from 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 either signatory is a party; provided that 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.

(d) A signatory to an acknowledgment of parentage, who has not

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

acknowledgment, shall have the right to rescind 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.

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

(c) and (d) of this subdivision, any of the signatories may challenge

the acknowledgment of parentage in court only on the basis of fraud,

duress, or material mistake of fact, with the burden of proof on the

party challenging the voluntary acknowledgment. The acknowledgment shall

have full force and effect once so signed. The original or a copy of the

acknowledgment shall be filed with the registrar of the district in

which the birth certificate has been filed.

3. (a) An acknowledgment of parentage executed by any two people

eligible to sign such an acknowledgment under paragraph (b) of

subdivision one of this section, married or unmarried, shall establish

the parentage of a child and shall have the same force and effect as an

order of parentage or filiation issued by a court of competent

jurisdiction. Such acknowledgement shall thereafter be filed with the

registrar pursuant to subdivision one or two of this section.

(b) A registrar with whom an acknowledgment of parentage has been

filed pursuant to subdivision one or two of this section shall file the

acknowledgment with the state department of health, the New York city

department of health and mental hygiene and the registry operated by the

department of social services pursuant to section three hundred

seventy-two-c of the social services law. If the acknowledgment includes

the name and address of any known gamete donors of a child conceived

through assisted reproduction, the state department of health or the New

York city department of health and mental hygiene shall mail a copy to

the known donors listed on the form with the social security numbers of

the signatories redacted.

4. The court shall give full faith and credit to an acknowledgment of

parentage effective in another state if the acknowledgment was in a

signed record and otherwise complies with the law of the other state.

5. A new certificate of birth shall be issued if the certificate of

birth of the child as defined in paragraph (b) of subdivision one of

section four thousand one hundred thirty-five of this article has been

filed without entry of the name of the signatory other than the person

who gave birth, and the commissioner thereafter receives a notarized

acknowledgment of parentage accompanied by the written consent of the

person who gave birth to the child and other signatory to the entry of

the name of such person, which consent may also be to a change in the

surname of the child.

6. Any reference to an acknowledgment of paternity in any law of this

state shall be interpreted to mean an acknowledgment of parentage signed

pursuant to this section or signed in another state consistent with the

law of that state.