Bill Text: NY A02928 | 2015-2016 | 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 and provides for a procedure for such father to contest such listing.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2016-01-06 - referred to health [A02928 Detail]

Download: New_York-2015-A02928-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2928
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 20, 2015
                                      ___________
       Introduced by M. of A. WEPRIN -- Multi-Sponsored by -- M. of A. PERRY --
         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 chapter 398 of the laws of 1997, is amended and a new subdi-
    3  vision 4 is added to read as follows:
    4    2. The name, IF KNOWN, of the putative 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 paternity  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 putative 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    S 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.
                                                                  LBD07333-01-5