S T A T E   O F   N E W   Y O R K
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                                  6488

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             March 25, 2015
                               ___________

Introduced  by  M.  of  A. PERRY -- Multi-Sponsored by -- M. of A. COOK,
  GLICK, HOOPER, PEOPLES-STOKES, 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 4-1.7 to read as follows:
S 4-1.7 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.
                                                           LBD03755-01-5
              

A. 6488                             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.