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Assembly Bill A3190

2011-2012 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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2011-A3190 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Estates, Powers and Trusts Law
Laws Affected:
Amd ยง4-1.2, EPT L
Versions Introduced in 2009-2010 Legislative Session:
A1798

2011-A3190 (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.

2011-A3190 (ACTIVE) - Bill Text download pdf 

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

                                  3190

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 24, 2011
                               ___________

Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
  tee 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 (C) of subparagraph 2 of paragraph  (a)  of  section
4-1.2 of the estates, powers and trusts law, as amended by chapter 64 of
the laws of 2010, is amended to read as follows:
  (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  ADMINISTERED TO THE FATHER DURING HIS LIFETIME OR
POSTHUMOUSLY, 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.  POSTHUMOUS  TESTING  TO  DETERMINE  PATERNITY
SHALL  BE  PERMITTED  WHERE  THE  PARTY  SEEKING  SUCH TESTING BEARS THE
EXPENSE, UNLESS OTHERWISE PROVIDED  BY  THE  COURT  WHERE  PATERNITY  IS
ESTABLISHED;  OR SUCH COSTS ARE SOUGHT BY A GUARDIAN-AD-LITEM, A COMMIT-
TEE, 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.
                                                           LBD07174-01-1

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