N.Y. Comp. Codes R. & Regs. tit. 18 § 347.6

Current through Register Vol. 46, No. 25, June 18, 2024

Section 347.6 - Establishment of parentage

(a) For each case in which parentage has not been established, the child support enforcement unit must carry out the following actions, provided, however, that, in any case involving rape or incest, or any case in which legal proceedings for adoption are pending, such actions need not be taken if, in the opinion of the child support enforcement unit, it would not be in the best interest of the child to establish parentage:

(1) File a petition with the family court to establish parentage, complete service of process or document on the State automated child support management system (automated system) the unsuccessful diligent efforts to serve process, as defined in section 347.7(b)(7) of this Part.

(2) Seek entry of a default order of parentage by showing that process has been served on the respondent.

(3) In situations where assisted reproduction was not used and an alleged parent is excluded as the parent of the child but more than one alleged parent of such child has been identified, the actions required by paragraphs (1) and (2) of this subdivision must be carried out for each such alleged parent.

(4) Provide to the alleged parent or intended parent the opportunity to voluntarily acknowledge parentage pursuant to subdivision (d) of this section.

(b) The child support enforcement unit, for purposes of establishing parentage, must identify and, after competitive procurement, contract with one or more laboratories to perform legally and medically acceptable genetic marker or DNA tests, which tend to identify an alleged parent or exclude an alleged parent from paternity. A list of such laboratories must be made available to appropriate courts and law enforcement officials, and to the public upon request.

(c) In each case registered with the State Parent Locator Service in which an alleged parent has been determined not to be the parent of a child, the child support enforcement unit must close the automated system "location status" code within 10 working days. All information pertaining to such individual must be deleted from the case record except for: the individual's name, date of birth, social security number, and the basis for the determination that the individual is not the parent of the child.

(d)

(1) Voluntary acknowledgments of parentage. Notwithstanding the requirements of subdivision (a) of this section, the child support enforcement unit may obtain from the birth parent and the alleged parent or intended parent of a child born out of wedlock an acknowledgment of parentage of a child as provided for in section 516-a of the Family Court Act, section 111-k of Social Services Law, and section 4135-b of the Public Health Law by a written statement signed by each parent and each signature witnessed by two individuals unrelated to the signatories. An individual may serve as a witness to both signatures.

(2) Contents of notice of rights and consequences. Prior to the execution of an acknowledgment of parentage, the birth parent and the alleged parent or intended parent must be advised orally and in writing of the consequences of making an acknowledgment as required pursuant to paragraph (f) of subdivision 1 of section 4135-b of the Public Health Law, as follows:

(i) that the signing of the acknowledgment of parentage establishes the parentage of the child and has the same force and effect as an order of parentage or filiation issued by a court of competent jurisdiction establishing the duty of both parties to provide support for the child;

(ii) that if an acknowledgment of parentage is not made, the signatory other than the birth parent can be held liable for support only if the family court, after a hearing, issues an order declaring that the person is the parent of the child whereupon the court also may issue an order of support which may be retroactive to the date of the birth of the child;

(iii) that if the alleged parent or intended parent is named as a respondent in a proceeding to establish parentage, the signatory other than the birth parent has the right to free legal representation if indigent;

(iv) that the alleged parent has a right to a genetic marker test or to a DNA test;

(v) that by executing the acknowledgment of parentage, the alleged parent waives their right to a hearing, to which they would otherwise be entitled, on the issue of parentage;

(vi) that a copy of the acknowledgment of parentage will be filed with the registry created by section 372-c of the Social Services Law and that such filing may establish the child's right to inheritance from the alleged parent or intended parent pursuant to clause (B) of the subparagraph two of paragraph (a) of section 4-1.2 of the Estates, Powers and Trusts Law;

(vii) that if the acknowledgment of parentage is filed with the registrar of the district in which the birth certificate has been filed, such acknowledgment will establish inheritance rights from the alleged parent or intended parent pursuant to clause (A) of subparagraph two of paragraph (a) of section 4-1.2 of the Estates, Powers and Trusts Law;

(viii) that no further judicial or administrative proceedings are required to ratify an unchallenged acknowledgment of parentage provided, however, that:

(a) A signatory to an acknowledgment of parentage, who had attained the age of eighteen at the time of execution of the acknowledgment, shall have the right to rescind the acknowledgment within the earlier of sixty days from 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, provided that the date of an administrative or a judicial proceeding shall be the date by which the respondent is required to answer the petition;

(b) A signatory to an acknowledgment of parentage, who had not attained the age of eighteen at the time of execution of the acknowledgment, shall have the right to rescind 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, whichever is earlier; provided, however, that the signatory must have been advised at such proceeding of their right to file a petition to vacate the acknowledgment within sixty days of the date of such proceeding;

(ix) that after the expiration of the time limits to rescind, a signatory may challenge the acknowledgment of parentage in court only on the basis of fraud, duress, or material mistake of fact, with the burden of proof on the party challenging the voluntary acknowledgment;

(x) the birth parent and the other signatory may wish to consult with an attorney before executing the acknowledgment and that they have a right to seek legal representation and supportive services including counseling regarding such acknowledgment;

(xi) that the acknowledgment of parentage may be the basis for the signatory other than the birth parent establishing custody and visitation rights to the child and for requiring the consent of the signatory other than the birth parent prior to an adoption proceeding;

(xii) that the birth parent's refusal to sign an acknowledgment of parentage is not deemed to be a failure to cooperate in establishing parentage for the child; and

(xiii) that the child may bear the last name of either parent, or any combination thereof, which name will not affect the legal status of the child.

(3) Review of acknowledgment of parentage.

The child support enforcement unit must review the acknowledgment of parentage to ensure it is on the form developed by the Office for such use, responses are legible and complete, including but not limited to the following information:

(i) the social security number, if any, of each signatory;

(ii) the name and address, if known, of any gamete donor;

(iii) a response to the question as to whether the birth mother was married at the time of birth; and

(iv) a response to the question as to whether the other parent is the genetic father.

(4) Filing with the registrar. The child support enforcement unit must, within five business days of the parents' voluntary signing of the acknowledgment of parentage, file the executed acknowledgment with the registrar of the district in which the birth occurred and in which the birth certificate has been filed, pursuant to section 111-k of the Social Services Law.

(5) Records relating to acknowledgments of parentage which are signed in hospitals. If an acknowledgment of parentage is signed in a hospital pursuant to section 4135-b of the Public Health Law, and if the birth parent is in receipt of child support services pursuant to title 6-A of article 3 of the Social Services Law, the child support enforcement unit located in the social services district within which the birth parent resides is entitled to secure from the registrar without charge a certified copy of the certificate of birth and a certified copy of the acknowledgment of parentage. Copies of such documents must be maintained by the support collection unit in the appropriate child support case record.

(6) Effect of voluntary acknowledgment of parentage. An acknowledgment of parentage signed pursuant to section 4135-b of the Public Health Law or section 111-k of the Social Services Law establishes the parentage of a child and has the same force and effect as a judgment of parentage or order of filiation issued by a court of competent jurisdiction.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 347.6

Amended New York State Register August 11, 2021/Volume XLIII, Issue 32, eff. 8/11/2021