2006 New York Code - Acknowledgment Of Paternity.
§ 516-a. Acknowledgment of paternity. (a) An acknowledgment of
paternity 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 paternity 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
paternity.
(b) An acknowledgment of paternity 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hundred thirty-five-b of the public health law may be rescinded by
either signator's filing of 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 a proceeding to establish a support order)
relating to the child in which either signator 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. After the expiration of sixty days of the
execution of the acknowledgment, either signator may challenge the
acknowledgment of paternity 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. Upon receiving a party's
challenge to an acknowledgment, the court shall order genetic marker
tests or DNA tests for the determination of the child's paternity and
shall make a finding of paternity, if appropriate, in accordance with
this article. Neither signator'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 a party petitions to rescind an
acknowledgment and if the court determines that the alleged father is
not the father of the child, or if the court finds that an
acknowledgment is invalid because it was executed on the basis of fraud,
duress, or material mistake of fact, the court shall vacate the
acknowledgment of paternity and 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 mother 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 mother with such services.
(c) A determination of paternity made by any other state, whether
established through the parents' acknowledgment of paternity or through
an administrative or judicial process, must be accorded full faith and
credit, if and only if such acknowledgment meets the requirements set
forth in section 452(a)(7) of the social security act.
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