S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5903
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 24, 2025
                                ___________
 
 Introduced  by M. of A. JACKSON -- read once and referred to the Commit-
   tee on Judiciary
 
 AN ACT to amend the domestic relations law, the family court act and the
   public health law,  in  relation  to  creating  an  exemption  to  the
   presumption  that  a  child  born in wedlock is the child of the birth
   parent's legal spouse and permits certain actions to be taken  by  the
   birth parent without notice to the birth parent's legal spouse
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 24 of the domestic relations law, as added by chap-
 ter 325 of the laws of 1969 and subdivision 1 as amended by chapter  305
 of the laws of 2008, is amended to read as follows:
   § 24. Effect of marriage on legitimacy of children. 1. A child hereto-
 fore  or  hereafter born of parents who prior or subsequent to the birth
 of such child shall have entered into a civil or religious marriage,  or
 shall  have  consummated  a  common-law  marriage where such marriage is
 recognized as valid, in the manner authorized by the law  of  the  place
 where  such  marriage  takes  place,  IS A CHILD BORN IN WEDLOCK FOR THE
 PURPOSES OF THIS SECTION. A CHILD BORN  IN  WEDLOCK  is  the  legitimate
 child  of  both birth parents notwithstanding that such marriage is void
 or voidable or has been or shall hereafter  be  annulled  or  judicially
 declared  void;  PROVIDED,  HOWEVER,  THAT ANY PRESUMPTION OF LEGITIMACY
 ARISING UNDER THIS SUBDIVISION SHALL BE DEEMED NULL  AND  VOID  WHERE  A
 BIRTH  PARENT  SATISFIES  THE  PROCEDURAL REQUIREMENTS UNDER SUBDIVISION
 THREE OF THIS SECTION.
   2. Nothing herein contained shall be deemed to affect the construction
 of any will or other instrument executed before the time this act  shall
 take  effect  or  any  right  or interest in property or right of action
 vested or accrued before the time this act  shall  take  effect,  or  to
 limit  the  operation  of  any  judicial  determination  heretofore made
 containing express provision with respect to the legitimacy, maintenance
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03436-01-5
              

 A. 5903                             2
 
 or custody of any child, or to affect any adoption proceeding heretofore
 commenced, or limit the effect of any order or orders  entered  in  such
 adoption proceeding.
   3.  NOTHING  CONTAINED HEREIN SHALL BE DEEMED TO AFFECT THE LEGITIMACY
 OF A CHILD BORN IN WEDLOCK IF A BIRTH PARENT DENIES THAT SUCH  CHILD  IS
 THE  LEGITIMATE  CHILD  OF  THE  BIRTH PARENT'S LEGAL SPOUSE BY FILING A
 SWORN AFFIDAVIT IN THE SAME MANNER PRESCRIBED BY SECTION TWENTY OF  THIS
 ARTICLE,  IN  WHICH THE BIRTH PARENT SHALL DECLARE: (A) THE LEGAL SPOUSE
 IS OR HAS A HISTORY OF BEING ABUSIVE TOWARD THE BIRTH  PARENT;  AND  (B)
 THE  BIRTH PARENT AND LEGAL SPOUSE: (I) DID NOT PLAN OR INTEND TO HAVE A
 CHILD TOGETHER; (II) ARE LIVING SEPARATELY; (III) HAVE LIVED  SEPARATELY
 SINCE  PRIOR  TO  THE  BIRTH  OF THE CHILD; AND (IV) ARE NOT FUNCTIONING
 POSITIVELY AS A FAMILY. ANY PERSON WHO SHALL IN ANY AFFIDAVIT OR  STATE-
 MENT REQUIRED OR PROVIDED FOR IN THIS SECTION WILFULLY AND FALSELY SWEAR
 IN  REGARD TO ANY MATERIAL FACT SHALL BE DEEMED GUILTY OF PERJURY AND ON
 CONVICTION THEREOF SHALL BE PUNISHED AS PROVIDED BY THE STATUTES OF THIS
 STATE AND SUCH AFFIDAVIT SHALL BE DEEMED NULL AND VOID.
   § 2. Paragraph (i) of subdivision (c) of section 516-a of  the  family
 court  act, as amended by section 15 of part L of chapter 56 of the laws
 of 2020, is amended to read as follows:
   (i) a person other than the signatories is a presumed  parent  of  the
 child pursuant to SUBDIVISION ONE OF section twenty-four of the domestic
 relations  law;  UNLESS,  AT  ANY  TIME, A BIRTH PARENT'S MARITAL STATUS
 SHALL HAVE BEEN DEEMED NOT TO AFFECT THE CHILD'S LEGITIMACY PURSUANT  TO
 SUBDIVISION  THREE OF SECTION TWENTY-FOUR OF THE DOMESTIC RELATIONS LAW,
 IN WHICH CASE THE BIRTH PARENT SHALL BE DEEMED TO  HAVE  BEEN  THE  ONLY
 PRESUMED  PARENT OF THE CHILD AT THE TIME OF THE SIGNING OF THE ACKNOWL-
 EDGEMENT OF PARENTAGE;
   § 3. Subparagraph (i) of paragraph (d) of  subdivision  1  of  section
 4135-b  of  the  public  health  law, as added by section 8 of part L of
 chapter 56 of the laws of 2020, is amended to read as follows:
   (i) A person other than the signatories is a presumed  parent  of  the
 child  under  SUBDIVISION  ONE  OF  section  twenty-four of the domestic
 relations law; UNLESS, AT ANY TIME,  A  BIRTH  PARENT'S  MARITAL  STATUS
 SHALL  HAVE BEEN DEEMED NOT TO AFFECT THE CHILD'S LEGITIMACY PURSUANT TO
 SUBDIVISION THREE OF SECTION TWENTY-FOUR OF THE DOMESTIC RELATIONS  LAW,
 IN  WHICH  CASE  THE  BIRTH PARENT SHALL BE DEEMED TO HAVE BEEN THE ONLY
 PRESUMED PARENT OF THE CHILD AT THE TIME OF THE SIGNING OF THE  ACKNOWL-
 EDGEMENT OF PARENTAGE;
   §  4.  Paragraph  (b)  of subdivision 1 of section 111 of the domestic
 relations law, as amended by chapter 918 of the laws of 1985, is amended
 to read as follows:
   (b) Of the parents or surviving parent, whether adult or infant, of  a
 child  conceived  or  born  in  wedlock; UNLESS A BIRTH PARENT'S MARITAL
 STATUS SHALL HAVE BEEN DEEMED  NOT  TO  AFFECT  THE  CHILD'S  LEGITIMACY
 PURSUANT TO SUBDIVISION THREE OF SECTION TWENTY-FOUR OF THIS CHAPTER, IN
 WHICH  CASE  THE  CONSENT OF THE BIRTH PARENT SHALL BE REQUIRED, AND THE
 CONSENT OF THE BIRTH PARENT'S LEGAL SPOUSE SHALL BE REQUIRED: (I) FOR  A
 CHILD  PLACED FOR ADOPTION MORE THAN SIX MONTHS AFTER BIRTH, BUT ONLY IF
 SUCH LEGAL SPOUSE SHALL HAVE MAINTAINED SUBSTANTIAL  AND  CONTINUOUS  OR
 REPEATED  CONTACT WITH THE CHILD AS MANIFESTED BY THE STANDARDS APPLICA-
 BLE TO CONSENT PARENTS UNDER PARAGRAPH (D) OF THIS SUBDIVISION; OR  (II)
 FOR  A CHILD WHO IS UNDER THE AGE OF SIX MONTHS AT THE TIME THE CHILD IS
 PLACED FOR ADOPTION, BUT ONLY IF SUCH LEGAL SPOUSE SHALL HAVE MANIFESTED
 A WILLINGNESS TO ASSUME FULL CUSTODY OF THE CHILD AND NOT  MERELY  BLOCK
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 ADOPTION BY OTHERS AS MANIFESTED BY THE STANDARDS APPLICABLE UNDER PARA-
 GRAPH (E) OF THIS SUBDIVISION;
   §  5. Subdivision 1 of section 111-a of the domestic relations law, as
 amended by chapter 828 of the laws  of  2022,  is  amended  to  read  as
 follows:
   1.  Notwithstanding  any  inconsistent provisions of this or any other
 law, and in addition to the notice requirements of any law pertaining to
 persons other than those specified in subdivision two of  this  section,
 notice  as  provided  herein  shall be given to the persons specified in
 subdivision two of this section of  any  adoption  proceeding  initiated
 pursuant  to  this  article  or  of any proceeding initiated pursuant to
 section one hundred fifteen-b of this article relating to the revocation
 of an adoption consent, when such proceeding involves a child born  out-
 of-wedlock  provided, however, that such notice shall not be required to
 be given: (a) in the case of the adoption of a child transferred to  the
 custody  and  guardianship  of  an  authorized agency, foster parent, or
 relative pursuant to section three hundred eighty-four-b of  the  social
 services  law  or a child transferred to the custody and guardianship of
 an authorized agency pursuant to section three hundred eighty-three-c of
 the social services law;  or  (b)  to  any  person  who  has  previously
 received  notice  of  any  proceeding  pursuant  to  section one hundred
 fifteen-b of this article. In addition to such other requirements as may
 be applicable to the petition in any proceeding in which notice must  be
 given  pursuant  to this section, the petition shall set forth the names
 and last known addresses of all persons required to be given  notice  of
 the  proceeding,  pursuant  to this section, and there shall be shown by
 the petition or by affidavit or other proof satisfactory  to  the  court
 that there are no persons other than those set forth in the petition who
 are  entitled to notice. FOR THE AVOIDANCE OF DOUBT, NOTWITHSTANDING ANY
 INCONSISTENT PROVISIONS OF LAW TO THE CONTRARY, AN  AFFIDAVIT  FILED  BY
 THE BIRTH PARENT PURSUANT TO SUBDIVISION THREE OF SECTION TWENTY-FOUR OF
 THIS  CHAPTER  SHALL BE PROOF SATISFACTORY THAT THE BIRTH PARENT'S LEGAL
 SPOUSE IS NOT ENTITLED TO NOTICE  PURSUANT  TO  THIS  SECTION.  For  the
 purpose   of   determining   persons  entitled  to  notice  of  adoption
 proceedings initiated pursuant to this  article,  persons  specified  in
 subdivision  two  of  this  section shall not include any person who has
 been convicted of one or more of the following sexual offenses  in  this
 state  or  convicted  of  one  or  more offenses in another jurisdiction
 which, if committed in this state, would constitute one or more  of  the
 following  offenses, when the child who is the subject of the proceeding
 was conceived as a result:   (A) rape in first  or  second  degree;  (B)
 course of sexual conduct against a child in the first degree; (C) preda-
 tory sexual assault; or (D) predatory sexual assault against a child.
   §  6.  Paragraph  (a)  of subdivision 1 of section 240 of the domestic
 relations law, as amended by chapter 567 of the laws of 2015, is amended
 to read as follows:
   (a) In any action or proceeding brought (1) to annul a marriage or  to
 declare  the nullity of a void marriage, or (2) for a separation, or (3)
 for a divorce, or (4) to obtain, by a writ of habeas corpus or by  peti-
 tion and order to show cause, the custody of or right to visitation with
 any  child  of  a  marriage, the court shall require verification of the
 status of any child of the marriage with respect to such child's custody
 and support, including any prior orders,  and  shall  enter  orders  for
 custody  and  support  as,  in the court's discretion, justice requires,
 having regard to the circumstances of the case  and  of  the  respective
 parties  and  to  the  best  interests  of  the child and subject to the
 A. 5903                             4
 
 provisions of subdivision one-c of  this  section.  NOTWITHSTANDING  ANY
 INCONSISTENT PROVISIONS OF LAW, THE COURT SHALL NOT REQUIRE VERIFICATION
 OF  THE STATUS OF A CHILD UNDER THIS SECTION IF A BIRTH PARENT HAS FILED
 AN  AFFIDAVIT  PURSUANT  TO  SUBDIVISION THREE OF SECTION TWENTY-FOUR OF
 THIS CHAPTER, AND SUCH AFFIDAVIT SHALL  BE  PROOF  SATISFACTORY  THAT  A
 CHILD  IS  NOT  A  "CHILD  OF MARRIAGE" UNDER THIS SECTION. Where either
 party to an action concerning custody of or a right to visitation with a
 child alleges in a sworn petition or complaint or sworn  answer,  cross-
 petition, counterclaim or other sworn responsive pleading that the other
 party has committed an act of domestic violence against the party making
 the  allegation or a family or household member of either party, as such
 family or household member is defined in article  eight  of  the  family
 court  act,  and  such  allegations are proven by a preponderance of the
 evidence, the court must consider the effect of such  domestic  violence
 upon the best interests of the child, together with such other facts and
 circumstances as the court deems relevant in making a direction pursuant
 to  this  section  and  state on the record how such findings, facts and
 circumstances factored into the direction. If  a  parent  makes  a  good
 faith  allegation  based  on a reasonable belief supported by facts that
 the child is the victim of child abuse, child neglect, or the effects of
 domestic violence, and if that parent acts lawfully and in good faith in
 response to that reasonable belief to protect the child or  seek  treat-
 ment  for  the child, then that parent shall not be deprived of custody,
 visitation or contact with the child, or restricted in custody,  visita-
 tion  or  contact, based solely on that belief or the reasonable actions
 taken based on that belief. If an allegation that a child is  abused  is
 supported  by  a  preponderance  of  the  evidence, then the court shall
 consider such evidence of abuse in determining the  visitation  arrange-
 ment  that is in the best interest of the child, and the court shall not
 place a child in the custody of a parent who presents a substantial risk
 of harm to that child, and shall state on the record how  such  findings
 were  factored into the determination. Where a proceeding filed pursuant
 to article ten or ten-A of the family court act is pending at  the  same
 time  as a proceeding brought in the supreme court involving the custody
 of, or right to visitation with, any child  of  a  marriage,  the  court
 presiding  over  the proceeding under article ten or ten-A of the family
 court act may jointly hear the dispositional  hearing  on  the  petition
 under  article  ten or the permanency hearing under article ten-A of the
 family court act and, upon referral from the supreme court, the  hearing
 to resolve the matter of custody or visitation in the proceeding pending
 in the supreme court; provided however, the court must determine custody
 or visitation in accordance with the terms of this section.
   § 7. This act shall take effect immediately.