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.
STATE OF NEW YORK
________________________________________________________________________
3190
2011-2012 Regular Sessions
IN ASSEMBLY
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 § 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
