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This entry was published on 2021-02-19
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Birth certificate; child born out of wedlock
Public Health (PBH) CHAPTER 45, ARTICLE 41, TITLE 3
§ 4135. Birth certificate; child born out of wedlock. 1. (a) There
shall be no specific statement on the birth certificate as to whether
the child is born in wedlock or out of wedlock or as to the marital name
or status of the mother.

(b) The phrase "child born out of wedlock" when used in this article,
refers to a child whose father is not its mother's husband.

2. The name of the alleged father of a child born out of wedlock shall
not be entered on the certificate of birth prior to filing without (i)
an acknowledgment of parentage pursuant to section one hundred eleven-k
of the social services law or section four thousand one hundred
thirty-five-b of this article executed by both the mother and alleged
father, and filed with the record of birth; or (ii) notification having
been received by, or proper proof having been filed with, the record of
birth by the clerk of a court of competent jurisdiction or the parents,
or their attorneys of a judgment, order or decree relating to parentage.

3. Orders relating to parentage shall be held confidential by the
commissioner and shall not be released or otherwise divulged except by
order of a court of competent jurisdiction.