N.Y. Social Services Law § 111-k: Procedures relating to acknowledgments of parentage, agreements to support, and genetic tests

§ 111-k. Procedures relating to acknowledgments of parentage,

agreements to support, and genetic tests. 1. A social services official

or his or her designated representative who confers with a potential

respondent or respondent, hereinafter referred to in this section as the

"respondent", the mother of a child born out of wedlock and any other

interested persons, pursuant to section one hundred eleven-c of this

title, may obtain:

(a) an acknowledgment of parentage of a child, as provided for in

article five-B or section five hundred sixteen-a of the family court

act, by a written statement, witnessed by two people not related to the

signator or as provided for in section four thousand one hundred

thirty-five-b of the public health law. Prior to the execution of such

acknowledgment by the child's mother and the respondent, they shall be

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

equipment, and in writing, of the consequences of making such an

acknowledgment. Upon the signing of an acknowledgment of parentage

pursuant to this section, the social services official or his or her

representative shall file the original acknowledgment with the

registrar.

(b) an agreement to make support payments as provided in section four

hundred twenty-five of the family court act. Prior to the execution of

such agreement, the respondent shall be advised, orally, which may be

through the use of audio or video equipment, and in writing, of the

consequences of such agreement, that the respondent can be held liable

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

support; that respondent has a right to consult with an attorney and

that the agreement will be submitted to the family court for approval

pursuant to section four hundred twenty-five of the family court act;

and that by executing the agreement, the respondent waives any right to

a hearing regarding any matter contained in such agreement.

2. (a) When the paternity of a child is contested, a social services

official or designated representative may order the mother, the child,

and the alleged father to submit to one or more genetic marker or DNA

tests of a type generally acknowledged as reliable by an accreditation

body designated by the secretary of the federal department of health and

human services and performed by a laboratory approved by such an

accreditation body and by the commissioner of health or by a duly

qualified physician to aid in the determination of whether or not the

alleged father is the father of the child. The order may be issued prior

or subsequent to the filing of a petition with the court to establish

paternity, shall be served on the parties by certified mail, and shall

include a sworn statement which either (i) alleges parentage and sets

forth facts establishing a reasonable possibility of the requisite

sexual contact between the parties, or (ii) denies parentage and sets

forth facts establishing a reasonable possibility that the party is not

the father. The parties shall not be required to submit to the

administration and analysis of such tests if they sign a voluntary

acknowledgment of parentage in accordance with paragraph (a) of

subdivision one of this section, or if there has been 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, the child was conceived

through assisted reproduction or the presumption of legitimacy of a

child born to a married person.

(b) The record or report of the results of any such genetic marker or

DNA test may be submitted to the family court as evidence pursuant to

subdivision (e) of rule forty-five hundred eighteen of the civil

practice law and rules where no timely objection in writing has been

made thereto.

(c) The cost of any test ordered pursuant to this section shall be

paid by the social services district provided however, that the alleged

father shall reimburse the district for the cost of such test at such

time as the alleged father's parentage is established by a voluntary

acknowledgment of parentage or an order of filiation. If either party

contests the results of genetic marker or DNA tests, an additional test

may be ordered upon written request to the social services district and

advance payment by the requesting party.

(d) The parties shall be required to submit to such tests and appear

at any conference scheduled by the social services official or designee

to discuss the notice of the allegation of paternity or to discuss the

results of such tests. If the alleged genetic parent fails to appear at

any such conference or fails to submit to such genetic marker or DNA

tests, the social services official or designee shall petition the court

to establish parentage, provide the court with a copy of the records or

reports of such tests if any, and request the court to issue an order

for temporary support pursuant to section five hundred forty-two of the

family court act.

3. 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 this section, 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.