§ 111-k. Procedures relating to acknowledgments of parentage,
agreements to support, and genetic tests. 1. A social services official
or his or her designated representative who confers with a potential
respondent or respondent, hereinafter referred to in this section as the
"respondent", the mother of a child born out of wedlock and any other
interested persons, pursuant to section one hundred eleven-c of this
title, may obtain:

(a) an acknowledgment of parentage of a child, as provided for in
article five-B or section five hundred sixteen-a of the family court
act, by a written statement, witnessed by two people not related to the
signator or as provided for in section four thousand one hundred
thirty-five-b of the public health law. Prior to the execution of such
acknowledgment by the child's mother and the respondent, they shall be
advised, orally, which may be through the use of audio or video
equipment, and in writing, of the consequences of making such an
acknowledgment. Upon the signing of an acknowledgment of parentage
pursuant to this section, the social services official or his or her
representative shall file the original acknowledgment with the
registrar.

(b) an agreement to make support payments as provided in section four
hundred twenty-five of the family court act. Prior to the execution of
such agreement, the respondent shall be advised, orally, which may be
through the use of audio or video equipment, and in writing, of the
consequences of such agreement, that the respondent can be held liable
for support only if the family court, after a hearing, makes an order of
support; that respondent has a right to consult with an attorney and
that the agreement will be submitted to the family court for approval
pursuant to section four hundred twenty-five of the family court act;
and that by executing the agreement, the respondent waives any right to
a hearing regarding any matter contained in such agreement.

2. (a) When the paternity of a child is contested, a social services
official or designated representative may order the mother, the child,
and the alleged father to submit to one or more genetic marker or DNA
tests of a type generally acknowledged as reliable by an accreditation
body designated by the secretary of the federal department of health and
human services and performed by a laboratory approved by such an
accreditation body and by the commissioner of health or by a duly
qualified physician to aid in the determination of whether or not the
alleged father is the father of the child. The order may be issued prior
or subsequent to the filing of a petition with the court to establish
paternity, shall be served on the parties by certified mail, and shall
include a sworn statement which either (i) alleges parentage and sets
forth facts establishing a reasonable possibility of the requisite
sexual contact between the parties, or (ii) denies parentage and sets
forth facts establishing a reasonable possibility that the party is not
the father. The parties shall not be required to submit to the
administration and analysis of such tests if they sign a voluntary
acknowledgment of parentage in accordance with paragraph (a) of
subdivision one of this section, or if there has been 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, the child was conceived
through assisted reproduction or the presumption of legitimacy of a
child born to a married person.

(b) The record or report of the results of any such genetic marker or
DNA test may be submitted to the family court as evidence pursuant to
subdivision (e) of rule forty-five hundred eighteen of the civil
practice law and rules where no timely objection in writing has been
made thereto.

(c) The cost of any test ordered pursuant to this section shall be
paid by the social services district provided however, that the alleged
father shall reimburse the district for the cost of such test at such
time as the alleged father's parentage is established by a voluntary
acknowledgment of parentage or an order of filiation. If either party
contests the results of genetic marker or DNA tests, an additional test
may be ordered upon written request to the social services district and
advance payment by the requesting party.

(d) The parties shall be required to submit to such tests and appear
at any conference scheduled by the social services official or designee
to discuss the notice of the allegation of paternity or to discuss the
results of such tests. If the alleged genetic parent fails to appear at
any such conference or fails to submit to such genetic marker or DNA
tests, the social services official or designee shall petition the court
to establish parentage, provide the court with a copy of the records or
reports of such tests if any, and request the court to issue an order
for temporary support pursuant to section five hundred forty-two of the
family court act.

3. 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 this section, 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.