Bill Text: NY A03190 | 2011-2012 | General Assembly | Introduced

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Bill Title: Makes provisions for orders for the purpose of performing paternity testing on a deceased person; permits surrogates' court to issue order; allows for posthumous testing to determine paternity where the party seeking such testing bears the expense unless otherwise provided by the court; further establishes the provisions the court shall consider.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-01-04 - referred to judiciary [A03190 Detail]

Download: New_York-2011-A03190-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3190
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 24, 2011
                                      ___________
       Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
         tee on Judiciary
       AN  ACT  to  amend the estates, powers and trusts law, in relation to an
         order for the purposes of conducting paternity testing on  a  deceased
         person
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Clause (C) of subparagraph 2 of paragraph  (a)  of  section
    2  4-1.2 of the estates, powers and trusts law, as amended by chapter 64 of
    3  the laws of 2010, is amended to read as follows:
    4    (C)  paternity  has been established by clear and convincing evidence,
    5  which may include, but is not limited to: (i) evidence  derived  from  a
    6  genetic  marker  test  ADMINISTERED TO THE FATHER DURING HIS LIFETIME OR
    7  POSTHUMOUSLY, or (ii) evidence that the father  openly  and  notoriously
    8  acknowledged  the  child  as  his  own,  however nothing in this section
    9  regarding genetic marker tests shall be construed to expand or limit the
   10  current application of subdivision four of section forty-two hundred ten
   11  of the public health law.  POSTHUMOUS  TESTING  TO  DETERMINE  PATERNITY
   12  SHALL  BE  PERMITTED  WHERE  THE  PARTY  SEEKING  SUCH TESTING BEARS THE
   13  EXPENSE, UNLESS OTHERWISE PROVIDED  BY  THE  COURT  WHERE  PATERNITY  IS
   14  ESTABLISHED;  OR SUCH COSTS ARE SOUGHT BY A GUARDIAN-AD-LITEM, A COMMIT-
   15  TEE, A CONSERVATOR, OR A GUARDIAN APPOINTED PURSUANT TO  THE  PROVISIONS
   16  OF ARTICLE EIGHTY-ONE OF THE MENTAL HYGIENE LAW.
   17    S 2. This act shall take effect immediately and shall apply to estates
   18  of decedents dying on or after such date.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07174-01-1