Bill Text: NY A00451 | 2023-2024 | General Assembly | Introduced

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Bill Title: Requires that any father of an out-of-wedlock child be listed on such child's birth certificate; provides for a procedure for such father to contest such listing.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2024-01-03 - referred to health [A00451 Detail]

Download: New_York-2023-A00451-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           451

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                     January 9, 2023
                                       ___________

        Introduced by M. of A. WEPRIN -- read once and referred to the Committee
          on Health

        AN ACT to amend the public health law, in relation to birth certificates

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 2 of section 4135 of the public health law,  as
     2  amended  by  section  7  of part L of chapter 56 of the laws of 2020, is
     3  amended and a new subdivision 4 is added to read as follows:
     4    2. The name, if known, of the alleged father of a child  born  out  of
     5  wedlock  shall  [not]  be  entered on the certificate of birth [prior to
     6  filing without (i) an acknowledgment of parentage  pursuant  to  section
     7  one hundred eleven-k of the social services law or section four thousand
     8  one  hundred  thirty-five-b  of this article executed by both the mother
     9  and alleged father, and filed with the record of birth; or (ii)  notifi-
    10  cation  having been received by, or proper proof having been filed with,
    11  the record of birth by the clerk of a court of competent jurisdiction or
    12  the parents, or their attorneys of a judgment, order or decree  relating
    13  to parentage].
    14    4.  A  father  listed  on  a child's birth certificate may contest the
    15  paternity of such child pursuant to section one hundred eleven-k of  the
    16  social  services  law.  Upon adjudication that such person listed on the
    17  child's birth certificate is not the father,  a  new  birth  certificate
    18  shall be issued pursuant to subdivision one of section four thousand one
    19  hundred thirty-eight of this article without such person's name.
    20    §  2.  This  act shall take effect on the thirtieth day after it shall
    21  have become a law.


         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01538-01-3