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.
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
