Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jun 20, 2018 |
committed to rules |
May 31, 2018 |
advanced to third reading |
May 30, 2018 |
2nd report cal. |
May 22, 2018 |
1st report cal.1323 |
Apr 26, 2018 |
referred to judiciary |
Senate Bill S8287
2017-2018 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Senate Committee Rules Committee
- 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
Actions
Votes
2017-S8287 (ACTIVE) - Details
- Current Committee:
- Senate Rules
- Law Section:
- Family Court Act
- Laws Affected:
- Amd §§522, 523, 524, 532 & 542, Fam Ct Act
2017-S8287 (ACTIVE) - Sponsor Memo
BILL NUMBER: S8287 SPONSOR: BONACIC TITLE OF BILL: An act to amend the family court act, in relation to standing to file paternity petitions, necessary parties in paternity cases and vacating acknowledgments of paternity This is one in a series of measures being introduced at the request of the Chief Administrative Judge upon the recommendation of his Family Court Advisory and Rules Committee. Section 516-a of the Family Court Act provides for the recognition of and challenges to an acknowledgment of paternity (AOP) executed pursuant to section 111-k of the Social Services Law. Section 516-a(a) states that once executed and filed, an AOP establishes paternity without the necessity of any further judicial proceeding and is the equivalent of an order of filiation. Under section 516-a(b), only the signatories to an AOP have standing to petition to vacate it. This has led to confusion about whether a non-signatory to the AOP could ever seek a determination that he is the child's father. Since AOP's are generally executed in hospitals within days of a child's birth, even a non-signatory petition- er filing right away in Family Court may find that a legal father already exists.
2017-S8287 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8287 I N S E N A T E April 26, 2018 ___________ 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, in relation to standing to file paternity petitions, necessary parties in paternity cases and vacating acknowledgments of paternity THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 522 of the family court act, as amended by chapter 892 of the laws of 1986, is amended to read as follows: § 522. Persons who may originate proceedings. Proceedings to establish the paternity of the child and to compel support under this article may be commenced by the mother, whether a minor or not, by a person alleging to be the father, whether a minor or not, by the child or child's guard- ian or other person standing in a parental relation or being the next of kin of the child, or by any authorized representative of an incorporated society doing charitable or philanthropic work, or if the mother or child is or is likely to become a public charge on a county, city or town, by a public welfare official of the county, city or town where the mother resides or the child is found. If a proceeding is originated by a public welfare official and thereafter withdrawn or dismissed without consideration on the merits, such withdrawal or dismissal shall be with- out prejudice to other persons. AN ALLEGED FATHER MAY FILE A PETITION TO ESTABLISH PATERNITY NOTWITHSTANDING AN ACKNOWLEDGMENT OF PATERNITY SIGNED BY THE MOTHER AND ANOTHER MAN. § 2. Section 523 of the family court act, as amended by chapter 398 of the laws of 1997, is amended to read as follows: § 523. Petition. Proceedings are commenced by the filing of a verified petition, alleging that the person named as respondent, or the petition- er if the petitioner is a person alleging to be the child's father, is OR MAY BE the father of the child and petitioning the court to issue a summons or a warrant, requiring the respondent to show cause why the court should not enter a declaration of paternity, an order of support, and such other and further relief as may be appropriate under the EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
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