Senate Bill S8287

2017-2018 Legislative Session

Relates to standing to file paternity petitions, necessary parties in paternity cases and vacating acknowledgments of paternity

download bill text pdf

Sponsored By

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

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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) - Summary

Relates to standing to file paternity petitions, necessary parties in paternity cases and vacating acknowledgments of paternity regarding an alleged father when the mother has signed an acknowledgment of paternity with another man.

2017-S8287 (ACTIVE) - Sponsor Memo

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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