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New York Family Court - Part 1 - § 516-A Acknowledgment of Paternity

Legal Research Home > New York Laws > Family Court > New York Family Court - Part 1 - § 516-A 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) (i) 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  one  hundred  thirty-five-b of the public health law may be rescinded by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.  If,  at  any
  time  before  or  after  a petition is filed, a signator dies or becomes
  mentally ill or cannot be found within the state, neither the proceeding
  nor the right  to  commence  the  proceeding  shall  abate  but  may  be
  commenced  or continued by any of the persons authorized by this article
  to commence a paternity proceeding. 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.  The  court
  shall  order  genetic marker tests or DNA tests for the determination of
  the child's paternity. No such test shall be ordered,  however,  upon  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,  or  the
  presumption of legitimacy of a child born to a  married  woman.  If  the
  court  determines,  following  the  test, that the person who signed the
  acknowledgment is the father of  the  child,  the  court  shall  make  a
  finding  of  paternity  and  enter  an  order of filiation. If the court
  determines that the person who signed  the  acknowledgment  is  not  the
  father of the child, the acknowledgment shall be vacated.
    (ii)  After  the  expiration  of  sixty  days  of the execution of the
  acknowledgment, either signator  may  challenge  the  acknowledgment  of
  paternity  in  court  by alleging and proving fraud, duress, or material
  mistake of fact. If, at any time before or after a petition is filed,  a
  signator  dies  or  becomes  mentally  ill or cannot be found within the
  state, neither the proceeding nor the right to commence  the  proceeding
  shall  abate  but  may  be  commenced or continued by any of the persons
  authorized by this article to commence a paternity  proceeding.  If  the
  petitioner  proves to the court that the acknowledgment of paternity was
  signed under fraud, duress, or due to a material mistake  of  fact,  the
  court   shall   order   genetic  marker  tests  or  DNA  tests  for  the
  determination of the child's paternity. No such test shall  be  ordered,
  however,  upon 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,
  or the presumption of legitimacy of a child born to a married woman.  If
  the court determines, following the test, that the person who signed the
  acknowledgment  is  the  father  of  the  child,  the court shall make a
  finding of paternity and enter an  order  of  filiation.  If  the  court
  determines  that  the  person  who  signed the acknowledgment is not the
  father of the child, the acknowledgment shall be vacated.
    (c) 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 the court vacates  the  acknowledgment  of  paternity,  the
  court  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.
    (d)  A  determination  of  paternity  made by any other state, whether
  established through an administrative or judicial process or through  an
  acknowledgment of paternity signed in accordance with that state's laws,
  must be accorded full faith and credit pursuant to section 466(a)(11) of
  title IV-D of the social security act (42 U.S.C. § 666(a)(11)).

Last modified: February 18, 2012