New York Social Services Law Section 132-A - Children born out of wedlock; special provisions.

132-a. Children born out of wedlock; special provisions. 1. When an investigation is required by section one hundred thirty-two and other provisions of this chapter for the purpose of determining the eligibility for public assistance and care of an applicant pregnant with or who is the mother of an out of wedlock child such investigation shall include diligent inquiry into the paternity of such child.

2. Except when the surrender of the child to the social services official for the purpose of adoption is under consideration in accordance with the provisions of section one hundred thirty-two, and except when the child has been surrendered to the social services official for the purpose of adoption, the social services official shall communicate with and require support from any person liable by law to contribute to the support of such applicant or her child.

3. In appropriate cases, such applicant shall be required to file a petition in the family court instituting proceedings to determine the paternity of her child, and she shall be required to assist and cooperate in establishing such paternity. However, such a petition shall not be required to be filed if the child has been surrendered to the social services official for adoption or if such surrender is under consideration in accordance with the provisions of section one hundred thirty-two.

4. In any case where the social services official has decided, in accordance with the provisions of section one hundred thirty-two, not to conduct an investigation, a written report of such decision and the basis therefor shall be made in duplicate to the department, upon forms prescribed by the department, within thirty days after the making thereof.


Last modified: February 3, 2019