Bill Text: NY S04502 | 2011-2012 | General Assembly | Introduced

New York Senate Bill 4502 (Prior Session Legislation)

Introduced

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.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2012-01-04 - REFERRED TO HEALTH [S04502 Detail]

Download: New_York-2011-S04502-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4502
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                     April 7, 2011
                                      ___________
       Introduced  by Sen. FLANAGAN -- read twice and ordered printed, and when
         printed to be committed 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.
                                                                  LBD07600-03-1