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New York Estates, Powers & Trusts - Part 1 - § 4-1.2 Inheritance by Non-marital Children

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  § 4-1.2 Inheritance by non-marital children
    (a) For the purposes of this article:
    (1)  A non-marital child is the legitimate child of his mother so that
  he and his issue inherit from his mother and from his maternal kindred.
    (2) A non-marital child is the legitimate child of his father so  that
  he and his issue inherit from his father and his paternal kindred if:
    (A)  a court of competent jurisdiction has, during the lifetime of the
  father, made an order of filiation declaring paternity or the mother and
  father of  the  child  have  executed  an  acknowledgment  of  paternity
  pursuant  to  section  four  thousand  one  hundred thirty-five-b of the
  public health law, which has  been  filed  with  the  registrar  of  the
  district in which the birth certificate has been filed or;
    (B)  the  father  of  the child has signed an instrument acknowledging
  paternity, provided that
    (i) such instrument is acknowledged or executed or proved in the  form
  required to entitle a deed to be recorded in the presence of one or more
  witnesses and acknowledged by such witness or witnesses, in either case,
  before  a  notary  public  or  other officer authorized to take proof of
  deeds and
    (ii) such instrument is  filed  within  sixty  days  from  the  making
  thereof  with  the  putative  father  registry  established by the state
  department  of  social  services  pursuant  to  section  three   hundred
  seventy-two-c  of  the  social  services  law,  as  added by chapter six
  hundred sixty-five of the laws of nineteen hundred seventy-six and
    (iii) the department of social services shall, within  seven  days  of
  the  filing of the instrument, send written notice by registered mail to
  the mother and other legal guardian of such child, notifying  them  that
  an  acknowledgment  of  paternity instrument acknowledged or executed by
  such father has been duly filed or;
    (C) paternity has been established by clear and  convincing  evidence,
  which  may  include,  but is not limited to: (i) evidence derived from a
  genetic marker test,  or  (ii)  evidence  that  the  father  openly  and
  notoriously  acknowledged  the child as his own, however nothing in this
  section regarding genetic marker tests shall be construed to  expand  or
  limit  the  current application of subdivision four of section forty-two
  hundred ten of the public health law.
    (3) The existence of an agreement obligating the father to support the
  non-marital child does not qualify such child or his  issue  to  inherit
  from  the  father  in  the  absence  of  an  order  of filiation made or
  acknowledgement of paternity as prescribed by subparagraph (2).
    (4) A motion for relief from an order of filiation may be made only by
  the father and a motion for relief from an acknowledgement of  paternity
  may be made by the father, mother or other legal guardian of such child,
  or the child, provided however, such motion must be made within one year
  from  the  entry  of  such  order  or from the date of written notice as
  provided for in subparagraph (2).
    (b) If a non-marital child dies, his or her surviving  spouse,  issue,
  mother,  maternal  kindred,  father and paternal kindred inherit and are
  entitled to letters of administration as if the decedent was  a  marital
  child,  provided  that  the  father  and paternal kindred may inherit or
  obtain such letters only if the paternity of the non-marital  child  has
  been  established  pursuant to any of the provisions of subparagraph (2)
  of paragraph (a).

Last modified: February 15, 2012