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Assembly Bill A1798

2009-2010 Legislative Session

Makes provisions for orders for the purpose of performing paternity testing on a deceased person

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Archive: Last Bill Status - In Assembly Committee

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2009-A1798 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Estates, Powers and Trusts Law
Laws Affected:
Amd ยง4-1.2, EPT L
Versions Introduced in 2011-2012 Legislative Session:
A3190

2009-A1798 (ACTIVE) - Summary

Makes provisions for orders for the purpose of performing paternity testing on a deceased person; permits surrogates' court to issue order; allows for posthumous testing to determine paternity where the party seeking such testing bears the expense unless otherwise provided by the court; further establishes the provisions the court shall consider.

2009-A1798 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1798

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 12, 2009
                               ___________

Introduced by M. of A. DINOWITZ -- Multi-Sponsored by -- M. of A. HOOPER
  -- read once and referred to the Committee on Judiciary

AN  ACT  to  amend the estates, powers and trusts law, in relation to an
  order for the purposes of conducting paternity testing on  a  deceased
  person

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  Clause (D) of subparagraph 2 of paragraph (a)  of  section
4-1.2  of the estates, powers and trusts law, as added by chapter 434 of
the laws of 1987, is amended to read as follows:
  (D) a [blood] genetic marker  test  [had  been]  administered  to  the
father  DURING  HIS  LIFETIME OR POSTHUMOUSLY, which together with other
evidence establishes paternity by clear and convincing evidence. POSTHU-
MOUS TESTING TO DETERMINE PATERNITY SHALL BE PERMITTED WHERE  THE  PARTY
SEEKING SUCH TESTING BEARS THE EXPENSE, UNLESS OTHERWISE PROVIDED BY THE
COURT  WHERE (I) PATERNITY IS ESTABLISHED; OR (II) SUCH COSTS ARE SOUGHT
BY A GUARDIAN-AD-LITEM,  A  COMMITTEE,  A  CONSERVATOR,  OR  A  GUARDIAN
APPOINTED PURSUANT TO THE PROVISIONS OF ARTICLE EIGHTY-ONE OF THE MENTAL
HYGIENE LAW.
  S 2. This act shall take effect immediately and shall apply to estates
of decedents dying on or after such date.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02738-01-9

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