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This entry was published on 2021-02-19
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SECTION 516-A
Acknowledgment of parentage
Family Court Act (FCT) CHAPTER 686, ARTICLE 5, PART 1
§ 516-a. Acknowledgment of parentage. (a) An acknowledgment of
parentage executed pursuant to section one hundred eleven-k of the
social services law or section four thousand one hundred thirty-five-b
of the public health law shall establish the parentage of and liability
for the support of a child pursuant to this act. Such acknowledgment
must be reduced to writing and filed pursuant to section four thousand
one hundred thirty-five-b of the public health law with the registrar of
the district in which the birth occurred and in which the birth
certificate has been filed. No further judicial or administrative
proceedings are required to ratify an unchallenged acknowledgment of
parentage.

(b) (i) Where a signatory to an acknowledgment of parentage executed
pursuant to section one hundred eleven-k of the social services law or
section four thousand one hundred thirty-five-b of the public health law
had attained the age of eighteen at the time of execution of the
acknowledgment, the signatory may seek to rescind the acknowledgment by
filing a petition with the court to vacate the acknowledgment within the
earlier of sixty days of the date of signing the acknowledgment or the
date of an administrative or a judicial proceeding (including, but not
limited to, a proceeding to establish a support order) relating to the
child in which the signatory is a party. For purposes of this section,
the "date of an administrative or a judicial proceeding" shall be the
date by which the respondent is required to answer the petition.

(ii) Where a signatory to an acknowledgment of parentage executed
pursuant to section one hundred eleven-k of the social services law or
section four thousand one hundred thirty-five-b of the public health law
had not attained the age of eighteen at the time of execution of the
acknowledgment, the signatory may seek to rescind the acknowledgment by
filing a petition with the court to vacate the acknowledgment anytime up
to sixty days after the signatory's attaining the age of eighteen years
or sixty days after the date on which the respondent is required to
answer a petition (including, but not limited to, a petition to
establish a support order) relating to the child in which the signatory
is a party, whichever is earlier; provided, however, that the signatory
must have been advised at such proceeding of his or her right to file a
petition to vacate the acknowledgment within sixty days of the date of
such proceeding.

(iii) Where a petition to vacate an acknowledgment of parentage has
been filed in accordance with paragraph (i) or (ii) of this subdivision,
the court shall order genetic marker tests or DNA tests for the
determination of the child's parentage. No such test shall be ordered,
however, where the acknowledgment was signed by the intended parent of a
child born through assisted reproduction pursuant to subparagraph (ii)
of paragraph (b) of subdivision one of section four thousand one hundred
thirty-five-b of the public health law, or upon a written finding by the
court that it is not in the best interests of the child on the basis of
res judicata, equitable estoppel, or the presumption of legitimacy of a
child born to a married person. If the court determines, following the
test, that the person who signed the acknowledgment is the parent of the
child, the court shall make a finding of parentage and enter an order of
parentage. If the court determines that the person who signed the
acknowledgment is not the parent of the child, the acknowledgment shall
be vacated.

(iv) After the expiration of the time limits set forth in paragraphs
(i) and (ii) of this subdivision, any of the signatories to an
acknowledgment of parentage may challenge the acknowledgment in court by
alleging and proving fraud, duress, or material mistake of fact. If the
petitioner proves to the court that the acknowledgment of parentage was
signed under fraud, duress, or due to a material mistake of fact, the
court shall then order genetic marker tests or DNA tests for the
determination of the child's parentage. No such test shall be ordered,
however, where the acknowledgment was signed by the intended parent of a
child born through assisted reproduction pursuant to subparagraph (ii)
of paragraph (b) of subdivision one of section four thousand one hundred
thirty-five-b of the public health law, or upon a written finding by the
court that it is not in the best interests of the child on the basis of
res judicata, equitable estoppel, or the presumption of legitimacy of a
child born to a married person. If the court determines, following the
test, that the person who signed the acknowledgment is the parent of the
child, the court shall make a finding of parentage and enter an order of
parentage. If the court determines that the person who signed the
acknowledgment is not the parent of the child, the acknowledgment shall
be vacated.

(v) If, at any time before or after a signatory has filed a petition
to vacate an acknowledgment of parentage pursuant to this subdivision,
the signatory dies or becomes mentally ill or cannot be found within the
state, neither the proceeding nor the right to commence the proceeding
shall abate but may be commenced or continued by any of the persons
authorized by this article to commence a parentage proceeding.

(c) An acknowledgment of parentage is void if, at the time of signing,
any of the following are true:

(i) a person other than the signatories is a presumed parent of the
child pursuant to section twenty-four of the domestic relations law;

(ii) a court has entered a judgment of parentage of the child;

(iii) another person has signed a valid acknowledgment of parentage
with regard to the child;

(iv) the child has a parent pursuant to section 581-303 of the family
court act other than the signatories;

(v) a signatory is a gamete donor under section 581-302 of the family
court act; or

(vi) the acknowledgment is signed by a person who asserts that they
are a parent under section 581-303 of the family court act of a child
conceived through assisted reproduction, but the child was not conceived
through assisted reproduction.

(d) Neither signatory's legal obligations, including the obligation
for child support arising from the acknowledgment, may be suspended
during the challenge to the acknowledgment except for good cause as the
court may find. If the court vacates the acknowledgment of parentage,
the court shall immediately provide a copy of the order to the registrar
of the district in which the child's birth certificate is filed and also
to the putative father registry operated by the department of social
services pursuant to section three hundred seventy-two-c of the social
services law. In addition, if the parent of the child who is the subject
of the acknowledgment is in receipt of child support services pursuant
to title six-A of article three of the social services law, the court
shall immediately provide a copy of the order to the child support
enforcement unit of the social services district that provides the
parent with such services.

(e) A determination of parentage made by any other state, whether
established through an administrative or judicial process or through an
acknowledgment of parentage signed in accordance with that state's laws,
must be accorded full faith and credit pursuant to section 466(a)(11) of
title IV-D of the social security act (42 U.S.C. § 666(a)(11)).

(f) Any reference to an acknowledgment of paternity in any law of this
state, or any similar instrument signed in another state consistent with
the law of that state shall be interpreted to mean an acknowledgment of
parentage executed pursuant to section one hundred eleven-k of the
social services law, section four thousand one hundred thirty-five-b of
the public health law, or signed in another state consistent with the
law of that state.