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