senate Bill S4502

2011-2012 Legislative Session

Requires that any father of an out-of-wedlock child be listed on such child's birth certificate

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to health
Apr 07, 2011 referred to health

S4502 - Bill Details

See Assembly Version of this Bill:
A7462
Current Committee:
Law Section:
Public Health Law
Laws Affected:
Amd ยง4135, Pub Health L

S4502 - Bill Texts

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Requires that any father of an out-of-wedlock child be listed on such child's birth certificate and provides for a procedure for such father to contest such listing.

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BILL NUMBER:S4502

TITLE OF BILL:
An act
to amend the public health law, in relation to birth certificates

PURPOSE:
To require a father's name be stated on a child's birth certificate.

SUMMARY OF PROVISIONS:
Section one amends subdivision 2 of section 4135 of the public health
law by requiring a father's name be listed on the birth certificate
of a child.
A new section 4 is added which allows a father who is listed on a
child's birth certificate to contest the paternity of such child.

EXISTING LAW:
A father's name is not required.

JUSTIFICATION:
This bill is intended to promote paternal responsibility. Requiring
the father's name to be listed on a child's birth certificate serves
to encourage and strengthen a relationship between a father and a
child. In instances where birth parents are living apart from one
another, it will ensure that a child has the ability to know the
identity of his/her father.
Additionally, and equally important, this requirement has a fiscal
component. It will facilitate in holding fathers accountable and
responsible for the financial support of their child/children. This
bill will also help to determine eligibility for welfare benefits.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

LOCAL FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This bill takes effect on the thirtieth day after it shall have become
a law.

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

                                  4502

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              April 7, 2011
                               ___________

Introduced  by Sen. FLANAGAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health

AN ACT to amend the public health law, in relation to birth certificates

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

  Section  1. Subdivision 2 of section 4135 of the public health law, as
amended by chapter 398 of the laws of 1997, is amended and a new  subdi-
vision 4 is added to read as follows:
  2.  The  name, IF KNOWN, of the putative father of a child born out of
wedlock shall [not] be entered on the certificate  of  birth  [prior  to
filing  without  (i)  an acknowledgment of paternity pursuant to section
one hundred eleven-k of the social services law or section four thousand
one hundred thirty-five-b of this article executed by  both  the  mother
and putative father, and filed with the record of birth; or (ii) notifi-
cation  having been received by, or proper proof having been filed with,
the record of birth by the clerk of a court of competent jurisdiction or
the parents, or their attorneys of a judgment, order or decree  relating
to parentage].
  4.  A  FATHER  LISTED  ON  A CHILD'S BIRTH CERTIFICATE MAY CONTEST THE
PATERNITY OF SUCH CHILD PURSUANT TO SECTION ONE HUNDRED ELEVEN-K OF  THE
SOCIAL  SERVICES  LAW.  UPON ADJUDICATION THAT SUCH PERSON LISTED ON THE
CHILD'S BIRTH CERTIFICATE IS NOT THE FATHER,  A  NEW  BIRTH  CERTIFICATE
SHALL BE ISSUED PURSUANT TO SUBDIVISION ONE OF SECTION FOUR THOUSAND ONE
HUNDRED THIRTY-EIGHT OF THIS ARTICLE WITHOUT SUCH PERSON'S NAME.
  S  2.  This  act shall take effect on the thirtieth day after it shall
have become a law.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07600-03-1

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