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This entry was published on 2021-02-19
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Inheritance by non-marital children
Estates, Powers & Trusts (EPT) CHAPTER 17-B, ARTICLE 4, PART 1
§ 4-1.2 Inheritance by non-marital children

(a) For the purposes of this article:

(1) A non-marital child is the legitimate child of his mother so that
he and his issue inherit from his mother and from his maternal kindred.

(2) A non-marital child is the legitimate child of his father or
non-gestating intended parent so that he and his issue inherit from such
parent and such parent's kindred if:

(A) a court of competent jurisdiction has, during the lifetime of the
father, made an order of filiation or parentage declaring parentage or
the parentage of the child has been established through the execution of
an acknowledgment of parentage pursuant to section four thousand one
hundred thirty-five-b of the public health law, which has been filed
with the registrar of the district in which the birth certificate has
been filed or;

(B) the father of the child has signed an instrument acknowledging
parentage, provided that

(i) such instrument is acknowledged or executed or proved in the form
required to entitle a deed to be recorded in the presence of one or more
witnesses and acknowledged by such witness or witnesses, in either case,
before a notary public or other officer authorized to take proof of
deeds and

(ii) such instrument is filed within sixty days from the making
thereof with the putative father registry established by the state
department of social services pursuant to section three hundred
seventy-two-c of the social services law, as added by chapter six
hundred sixty-five of the laws of nineteen hundred seventy-six and

(iii) the department of social services shall, within seven days of
the filing of the instrument, send written notice by registered mail to
the mother and other legal guardian of such child, notifying them that
an acknowledgment of parentage instrument acknowledged or executed by
such parent has been duly filed or;

(C) parentage has been established by clear and convincing evidence,
which may include, but is not limited to: (i) evidence derived from a
genetic marker test, or (ii) evidence that the parent openly and
notoriously acknowledged the child as his or her own, however nothing in
this section regarding genetic marker tests shall be construed to expand
or limit the current application of subdivision four of section
forty-two hundred ten of the public health law.

(3) The existence of an agreement obligating the father to support the
non-marital child does not qualify such child or his issue to inherit
from the father in the absence of an order of filiation made or
acknowledgement of parentage as prescribed by subparagraph (2).

(4) A motion for relief from an order of filiation may be made only by
the father and a motion for relief from an acknowledgement of parentage
may be made by a parent or other legal guardian of such child, or the
child, provided however, such motion must be made within one year from
the entry of such order or from the date of written notice as provided
for in subparagraph (2).

(b) If a non-marital child dies, his or her surviving spouse, issue,
mother, maternal kindred, father and paternal kindred inherit and are
entitled to letters of administration as if the decedent was a marital
child, provided that the father and paternal kindred may inherit or
obtain such letters only if the parentage of the non-marital child has
been established pursuant to any of the provisions of subparagraph (2)
of paragraph (a).