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

                                  3571

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2009
                               ___________

Introduced  by  M.  of  A. PERRY -- Multi-Sponsored by -- M. of A. BING,
  BOYLAND, COOK, DIAZ, GLICK,  HOOPER,  JOHN,  PEOPLES,  POWELL,  TOWNS,
  WRIGHT -- read once and referred to the Committee on Judiciary

AN  ACT  to  amend  the  estates,  powers and trusts law, in relation to
  expanding the class of issue to include certain posthumously conceived
  children

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

  Section  1.  The estates, powers and trusts law is amended by adding a
new section 4-1.3 to read as follows:
S 4-1.3 POSTHUMOUSLY CONCEIVED CHILDREN
  (A) FOR THE PURPOSES OF THIS ARTICLE:
  (1) A CHILD CONCEIVED POSTHUMOUSLY WITHIN TWO YEARS  OF  THE  DATE  OF
DEATH  OF HIS OR HER MATERNAL PROGENITOR SHALL BE CONSIDERED A NON-MARI-
TAL CHILD AND THE LEGITIMATE CHILD  OF  SUCH  MATERNAL  PROGENITOR,  WHO
SHALL BE HIS OR HER MOTHER FOR THE PURPOSES OF INTESTATE SUCCESSION; AND
SUCH CHILD MAY INHERIT FROM HIS OR HER MOTHER AND FROM HIS OR HER MATER-
NAL  KINDRED,  PROVIDED  THE PROVISIONS OF PARAGRAPH (B) OF THIS SECTION
ARE ESTABLISHED.
  (2) A CHILD CONCEIVED POSTHUMOUSLY WITHIN TWO YEARS  OF  THE  DATE  OF
DEATH  OF HIS OR HER PATERNAL PROGENITOR SHALL BE CONSIDERED A NON-MARI-
TAL CHILD AND THE LEGITIMATE CHILD OF  SUCH  PATERNAL  PROGENITOR,  WHOM
SHALL BE HIS OR HER FATHER FOR THE PURPOSES OF INTESTATE SUCCESSION; AND
SUCH CHILD MAY INHERIT FROM HIS OR HER FATHER AND FROM HIS OR HER PATER-
NAL  KINDRED,  PROVIDED  THE PROVISIONS OF PARAGRAPH (B) OF THIS SECTION
ARE ESTABLISHED.
  (B) IN ORDER TO BE GRANTED THE RIGHTS OF A NON-MARITAL CHILD TO INTES-
TATE SUCCESSION, A COURT OF COMPETENT JURISDICTION  MUST  ESTABLISH  THE
FOLLOWING:
  (1)  THE  DECEASED  PROGENITOR  SIGNED AN INSTRUMENT DURING HIS OR HER
LIFETIME INDICATING HIS OR HER INTENT TO PARENT THE  FUTURE  CHILD,  AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02106-01-9
              

A. 3571                             2

INDICATING  HIS  OR HER INTENT TO PROVIDE SUPPORT FOR SUCH FUTURE CHILD,
PROVIDED THAT SUCH INSTRUMENT IS ACKNOWLEDGED OR EXECUTED OR  PROVED  IN
THE  PRESENCE  OF ONE OR MORE WITNESSES AND ACKNOWLEDGED BY SUCH WITNESS
OR WITNESSES, IN EITHER CASE, BEFORE A NOTARY PUBLIC; AND
  (2) PATERNITY OR MATERNITY, OF THE DECEASED PROGENITOR, IS ESTABLISHED
BY CLEAR AND CONVINCING EVIDENCE.
  (C)  ANY AND ALL RIGHTS, PRIVILEGES AND BENEFITS GRANTED A NON-MARITAL
CHILD, AS DEFINED IN SECTION 4-1.2 OF THIS PART, INCLUDING RIGHTS TO ANY
SUPPORT PAYMENTS ADMINISTERED BY A STATE DEPARTMENT OR AGENCY, SHALL  BE
GRANTED  TO  A POSTHUMOUSLY CONCEIVED CHILD PROVIDED THE REQUIREMENTS OF
THIS SECTION ARE MET.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law. Effective immediately, the addition,  amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation  of  this act on its effective date is authorized and directed to
be made and completed on or before such effective date.