Senate Bill S4644C

Signed By Governor
2013-2014 Legislative Session

Establishes a procedure for the signatory to an acknowledgment of paternity to rescind the acknowledgment by filing a petition with the court to vacate the acknowledgment

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Archive: Last Bill Status - Signed by Governor


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

2013-S4644 - Details

See Assembly Version of this Bill:
A7375
Law Section:
Family Court Act
Laws Affected:
Amd §516-a, Fam Ct Act; amd §4135-b, Pub Health L

2013-S4644 - Summary

Establishes a procedure for the signatory to an acknowledgment of paternity to rescind the acknowledgment by filing a petition with the court to vacate the acknowledgment.

2013-S4644 - Sponsor Memo

2013-S4644 - Bill Text download pdf

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

                                  4644

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 16, 2013
                               ___________

Introduced  by Sen. BONACIC -- (at request of the Office of Court Admin-
  istration) -- read twice and ordered printed, and when printed  to  be
  committed to the Committee on Judiciary

AN  ACT  to  amend  the  family  court act and the public health law, in
  relation to acknowledgments of paternity executed by  juveniles  under
  the age of eighteen

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

  Section 1. Subdivisions (b) and (c) of section  516-a  of  the  family
court act, as amended by chapter 462 of the laws of 2007, are amended to
read as follows:
  (b)  (i)  [An]  WHERE  A  SIGNATORY  TO AN acknowledgment of paternity
executed pursuant to section one hundred eleven-k of the social services
law or section four thousand one hundred  thirty-five-b  of  the  public
health  law HAD ATTAINED THE AGE OF EIGHTEEN AT THE TIME OF EXECUTION OF
THE ACKNOWLEDGMENT, THE SIGNATORY may [be rescinded] SEEK TO RESCIND THE
ACKNOWLEDGMENT by [either signator's] filing [of] a  petition  with  the
court  to  vacate the acknowledgment within the earlier of sixty days of
the date of signing the acknowledgment or the date of an  administrative
or a judicial proceeding (including, BUT NOT LIMITED TO, a proceeding to
establish a support order) relating to the child in which [either signa-
tor]  THE SIGNATORY is a party. [If, at any time before or after a peti-
tion is filed, a signator dies or becomes  mentally  ill  or  cannot  be
found within the state, neither the proceeding nor the right to commence
the  proceeding  shall abate but may be commenced or continued by any of
the persons authorized by this article to commence a paternity  proceed-
ing.]  For purposes of this section, the "date of an administrative or a
judicial proceeding" shall be  the  date  by  which  the  respondent  is
required to answer the petition. [The]
  (II)  WHERE  A  SIGNATORY  TO  AN ACKNOWLEDGMENT OF PATERNITY EXECUTED
PURSUANT TO SECTION ONE HUNDRED ELEVEN-K OF THE SOCIAL SERVICES  LAW  OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09330-02-3
              

2013-S4644A - Details

See Assembly Version of this Bill:
A7375
Law Section:
Family Court Act
Laws Affected:
Amd §516-a, Fam Ct Act; amd §4135-b, Pub Health L

2013-S4644A - Summary

Establishes a procedure for the signatory to an acknowledgment of paternity to rescind the acknowledgment by filing a petition with the court to vacate the acknowledgment.

2013-S4644A - Sponsor Memo

2013-S4644A - Bill Text download pdf

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

                                 4644--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 16, 2013
                               ___________

Introduced  by Sen. BONACIC -- (at request of the Office of Court Admin-
  istration) -- read twice and ordered printed, and when printed  to  be
  committed  to the Committee on Judiciary -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN  ACT  to  amend  the  family  court act and the public health law, in
  relation to acknowledgments of paternity executed by  juveniles  under
  the age of eighteen

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

  Section 1. Subdivisions (b) and (c) of section  516-a  of  the  family
court act, as amended by chapter 462 of the laws of 2007, are amended to
read as follows:
  (b)  (i)  [An]  WHERE  A  SIGNATORY  TO AN acknowledgment of paternity
executed pursuant to section one hundred eleven-k of the social services
law or section four thousand one hundred  thirty-five-b  of  the  public
health  law HAD ATTAINED THE AGE OF EIGHTEEN AT THE TIME OF EXECUTION OF
THE ACKNOWLEDGMENT, THE SIGNATORY may [be rescinded] SEEK TO RESCIND THE
ACKNOWLEDGMENT by [either signator's] filing [of] a  petition  with  the
court  to  vacate the acknowledgment within the earlier of sixty days of
the date of signing the acknowledgment or the date of an  administrative
or a judicial proceeding (including, BUT NOT LIMITED TO, a proceeding to
establish a support order) relating to the child in which [either signa-
tor]  THE SIGNATORY is a party. [If, at any time before or after a peti-
tion is filed, a signator dies or becomes  mentally  ill  or  cannot  be
found within the state, neither the proceeding nor the right to commence
the  proceeding  shall abate but may be commenced or continued by any of
the persons authorized by this article to commence a paternity  proceed-
ing.]  For purposes of this section, the "date of an administrative or a
judicial proceeding" shall be  the  date  by  which  the  respondent  is
required to answer the petition. [The]

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09330-03-3
              

2013-S4644B - Details

See Assembly Version of this Bill:
A7375
Law Section:
Family Court Act
Laws Affected:
Amd §516-a, Fam Ct Act; amd §4135-b, Pub Health L

2013-S4644B - Summary

Establishes a procedure for the signatory to an acknowledgment of paternity to rescind the acknowledgment by filing a petition with the court to vacate the acknowledgment.

2013-S4644B - Sponsor Memo

2013-S4644B - Bill Text download pdf

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

                                 4644--B

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 16, 2013
                               ___________

Introduced  by Sen. BONACIC -- (at request of the Office of Court Admin-
  istration) -- read twice and ordered printed, and when printed  to  be
  committed  to the Committee on Judiciary -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee  --  committee  discharged,  bill  amended,  ordered  reprinted as
  amended and recommitted to said committee

AN ACT to amend the family court act  and  the  public  health  law,  in
  relation  to  acknowledgments of paternity executed by juveniles under
  the age of eighteen

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

  Section  1.  Subdivisions  (b)  and (c) of section 516-a of the family
court act, as amended by chapter 462 of the laws of 2007, are amended to
read as follows:
  (b) (i) [An] WHERE A  SIGNATORY  TO  AN  acknowledgment  of  paternity
executed pursuant to section one hundred eleven-k of the social services
law  or  section  four  thousand one hundred thirty-five-b of the public
health law HAD ATTAINED THE AGE OF EIGHTEEN AT THE TIME OF EXECUTION  OF
THE ACKNOWLEDGMENT, THE SIGNATORY may [be rescinded] SEEK TO RESCIND THE
ACKNOWLEDGMENT  by  [either  signator's] filing [of] a petition with the
court to vacate the acknowledgment within the earlier of sixty  days  of
the  date of signing the acknowledgment or the date of an administrative
or a judicial proceeding (including, BUT NOT LIMITED TO, a proceeding to
establish a support order) relating to the child in which [either signa-
tor] THE SIGNATORY is a party. [If, at any time before or after a  peti-
tion  is  filed,  a  signator  dies or becomes mentally ill or cannot be
found within the state, neither the proceeding nor the right to commence
the proceeding shall abate but may be commenced or continued by  any  of
the  persons authorized by this article to commence a paternity proceed-
ing.] For purposes of this section, the "date of an administrative or  a

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09330-06-3

              

2013-S4644C (ACTIVE) - Details

See Assembly Version of this Bill:
A7375
Law Section:
Family Court Act
Laws Affected:
Amd §516-a, Fam Ct Act; amd §4135-b, Pub Health L

2013-S4644C (ACTIVE) - Summary

Establishes a procedure for the signatory to an acknowledgment of paternity to rescind the acknowledgment by filing a petition with the court to vacate the acknowledgment.

2013-S4644C (ACTIVE) - Sponsor Memo

2013-S4644C (ACTIVE) - Bill Text download pdf

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

                                 4644--C

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 16, 2013
                               ___________

Introduced  by Sen. BONACIC -- (at request of the Office of Court Admin-
  istration) -- read twice and ordered printed, and when printed  to  be
  committed  to the Committee on Judiciary -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee  --  committee  discharged,  bill  amended,  ordered  reprinted as
  amended and recommitted to said  committee  --  committee  discharged,
  bill  amended,  ordered  reprinted  as amended and recommitted to said
  committee

AN ACT to amend the family court act  and  the  public  health  law,  in
  relation  to  acknowledgments of paternity executed by juveniles under
  the age of eighteen

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

  Section  1.  Subdivisions  (b)  and (c) of section 516-a of the family
court act, as amended by chapter 462 of the laws of 2007, are amended to
read as follows:
  (b) (i) [An] WHERE A  SIGNATORY  TO  AN  acknowledgment  of  paternity
executed pursuant to section one hundred eleven-k of the social services
law  or  section  four  thousand one hundred thirty-five-b of the public
health law HAD ATTAINED THE AGE OF EIGHTEEN AT THE TIME OF EXECUTION  OF
THE ACKNOWLEDGMENT, THE SIGNATORY may [be rescinded] SEEK TO RESCIND THE
ACKNOWLEDGMENT  by  [either  signator's] filing [of] a petition with the
court to vacate the acknowledgment within the earlier of sixty  days  of
the  date of signing the acknowledgment or the date of an administrative
or a judicial proceeding (including, BUT NOT LIMITED TO, a proceeding to
establish a support order) relating to the child in which [either signa-
tor] THE SIGNATORY is a party. [If, at any time before or after a  peti-
tion  is  filed,  a  signator  dies or becomes mentally ill or cannot be
found within the state, neither the proceeding nor the right to commence
the proceeding shall abate but may be commenced or continued by  any  of
the  persons authorized by this article to commence a paternity proceed-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09330-08-3
              

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