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  hundred  thirty-five-b  of  the  public  health  law may be rescinded by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.

Disclaimer: These codes may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.