STATE OF NEW YORK
________________________________________________________________________
8382
2025-2026 Regular Sessions
IN ASSEMBLY
May 13, 2025
___________
Introduced by M. of A. PAULIN -- read once and referred to the Committee
on Governmental Operations
AN ACT to amend the family court act, the civil practice law and rules,
the domestic relations law, the executive law, the judiciary law, the
social services law, the general obligations law, the vehicle and
traffic law, the alcoholic beverage control law, and the education
law, in relation to substituting parentage for paternity and filia-
tion; and to repeal certain provisions of the family court act relat-
ing thereto
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (iii) of subdivision (a) of section 115 of the
2 family court act, as amended by chapter 222 of the laws of 1994, is
3 amended to read as follows:
4 (iii) proceedings to determine [paternity] parentage and for the
5 support of children born [out-of-wedlock] out of wedlock, as set forth
6 in [article] articles five and five-C of this act;
7 § 2. Subdivision (b) of section 154 of the family court act, as added
8 by chapter 214 of the laws of 1998, is amended to read as follows:
9 (b) In a proceeding to establish [paternity] parentage or to estab-
10 lish, modify or enforce support, the court may send process without the
11 state in the same manner and with the same effect as process sent within
12 the state in the exercise of personal jurisdiction over any person
13 subject to the jurisdiction of the court under section three hundred one
14 or three hundred two of the civil practice law and rules or under
15 section 580-201 of article five-B of [the family court] this act,
16 notwithstanding that such person is not a resident or domiciliary of the
17 state.
18 § 3. Paragraph (viii) of subdivision (a) of section 262 of the family
19 court act, as added by chapter 456 of the laws of 1978, is amended to
20 read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11920-01-5
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1 (viii) the respondent in any proceeding under [article] articles five
2 and five-C of this act in relation to the establishment of [paternity]
3 parentage.
4 § 4. Subdivision (a) of section 418 of the family court act, as
5 amended by chapter 214 of the laws of 1998, is amended to read as
6 follows:
7 (a) The court, on its own motion or motion of any party, when [pater-
8 nity] parentage is contested under this article, shall order the [moth-
9 er,] parties and the child [and the alleged father] to submit to one or
10 more genetic marker or DNA marker tests of a type generally acknowledged
11 as reliable by an accreditation body designated by the secretary of the
12 federal department of health and human services and performed by a labo-
13 ratory approved by such an accreditation body and by the commissioner of
14 health or by a duly qualified physician to aid in the determination of
15 whether the alleged [father] parent is or is not the [father] parent of
16 the child. No such test shall be ordered, however, where the acknowledg-
17 ment was signed by the intended parent of a child born through assisted
18 reproduction pursuant to subparagraph (ii) of paragraph (b) of subdivi-
19 sion one of section forty-one hundred thirty-five-b of the public health
20 law, or upon a written finding by the court that it is not in the best
21 interests of the child on the basis of res judicata, equitable estoppel
22 or the presumption of legitimacy of a child born to a married [woman]
23 couple. The record or report of the results of any such genetic marker
24 or DNA test shall be received in evidence, pursuant to subdivision (e)
25 of rule forty-five hundred eighteen of the civil practice law and rules
26 where no timely objection in writing has been made thereto. Any order
27 pursuant to this section shall state in plain language that the results
28 of such test shall be admitted into evidence, pursuant to rule forty-
29 five hundred eighteen of the civil practice law and rules absent timely
30 objections thereto and that if such timely objections are not made, they
31 shall be deemed waived and shall not be heard by the court. If the
32 record or report of results of any such genetic marker or DNA test or
33 tests indicate at least a ninety-five percent probability of [paternity]
34 parentage, the admission of such record or report shall create a rebutt-
35 able presumption of [paternity] parentage, and, if unrebutted, shall
36 establish the [paternity] parentage of and liability for the support of
37 a child pursuant to this article and article five of this act.
38 § 5. Subdivisions (a), (b) and (c) of section 439 of the family court
39 act, subdivision (a) as amended by section 21 of part L of chapter 56 of
40 the laws of 2020, subdivision (b) as amended by chapter 568 of the laws
41 of 2024 and subdivision (c) as amended by chapter 576 of the laws of
42 2005, are amended to read as follows:
43 (a) The chief administrator of the courts shall provide, in accordance
44 with subdivision (f) of this section, for the appointment of a suffi-
45 cient number of support magistrates to hear and determine support
46 proceedings. Except as hereinafter provided, support magistrates shall
47 be empowered to hear, determine and grant any relief within the powers
48 of the court in any proceeding under this article, articles five,
49 five-A, five-B and five-C and sections two hundred thirty-four and two
50 hundred thirty-five of this act, and objections raised pursuant to
51 section five thousand two hundred forty-one of the civil practice law
52 and rules. Support magistrates shall not be empowered to hear, determine
53 and grant any relief with respect to issues specified in section four
54 hundred fifty-five of this article, issues of contested parentage
55 involving claims of equitable estoppel, custody, visitation including
56 visitation as a defense, determinations of parentage made pursuant to
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1 section 581-407 of this act, and orders of protection or exclusive
2 possession of the home, which shall be referred to a judge as provided
3 in subdivision (b) or (c) of this section. Where an order of [filiation]
4 parentage is issued by a judge in a [paternity] parentage proceeding and
5 child support is in issue, the judge, or support magistrate upon refer-
6 ral from the judge, shall be authorized to immediately make a temporary
7 or final order of support, as applicable. A support magistrate shall
8 have the authority to hear and decide motions and issue summonses and
9 subpoenas to produce persons pursuant to section one hundred fifty-three
10 of this act, hear and decide proceedings and issue any order authorized
11 by subdivision (g) of section five thousand two hundred forty-one of the
12 civil practice law and rules, issue subpoenas to produce prisoners
13 pursuant to section two thousand three hundred two of the civil practice
14 law and rules and make a determination that any person before the
15 support magistrate is in violation of an order of the court as author-
16 ized by section one hundred fifty-six of this act subject to confirma-
17 tion by a judge of the court who shall impose any punishment for such
18 violation as provided by law. A determination by a support magistrate
19 that a person is in willful violation of an order under subdivision
20 three of section four hundred fifty-four of this article and that recom-
21 mends commitment shall be transmitted to the parties, accompanied by
22 findings of fact, but the determination shall have no force and effect
23 until confirmed by a judge of the court.
24 (b) In any proceeding to establish [paternity] parentage which is
25 heard by a support magistrate, the support magistrate shall advise the
26 [mother and putative father] parties of the right to be represented by
27 counsel and [shall advise the mother and putative father] of their right
28 to blood grouping or other genetic marker or DNA tests in accordance
29 with section five hundred thirty-two of this act. The support magistrate
30 shall order that such tests be conducted in accordance with section five
31 hundred thirty-two of this act. The support magistrate shall be
32 empowered to hear and determine all matters related to the proceeding
33 including the making of an order of [filiation] parentage pursuant to
34 section five hundred forty-two of this act and an application to change
35 the name of the child pursuant to section sixty of the civil rights law,
36 provided, however, that where the respondent denies [paternity] parent-
37 age and [paternity] parentage is contested on the grounds of equitable
38 estoppel, the support magistrate shall not be empowered to determine the
39 issue of [paternity] parentage, but shall transfer the proceeding to a
40 judge of the court for a determination of the issue of [paternity]
41 parentage. Where an order of [filiation] parentage is issued by a judge
42 in a [paternity] parentage proceeding and child support is in issue, the
43 judge, or support magistrate upon referral from the judge, shall be
44 authorized to immediately make a temporary or final order of support, as
45 applicable. Whenever an order of [filiation] parentage is made by a
46 support magistrate, the support magistrate also shall make a final or
47 temporary order of support.
48 (c) The support magistrate, in any proceeding in which issues speci-
49 fied in section four hundred fifty-five of this [act] article, or issues
50 of custody, visitation, including visitation as a defense, orders of
51 protection or exclusive possession of the home are present or in which
52 [paternity] parentage is contested on the grounds of equitable estoppel,
53 shall make a temporary order of support and refer the proceeding to a
54 judge. Upon determination of such issue by a judge, the judge may make a
55 final determination of the issue of support, or immediately refer the
56 proceeding to a support magistrate for further proceedings regarding
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1 child support or other matters within the authority of the support
2 magistrate.
3 § 5-a. Subdivision (a) of section 439 of the family court act, as
4 amended by section 2 of chapter 468 of the laws of 2012, is amended to
5 read as follows:
6 (a) The chief administrator of the courts shall provide, in accordance
7 with subdivision (f) of this section, for the appointment of a suffi-
8 cient number of support magistrates to hear and determine support
9 proceedings. Except as hereinafter provided, support magistrates shall
10 be empowered to hear, determine and grant any relief within the powers
11 of the court in any proceeding under this article, articles five,
12 five-A, and five-B and sections two hundred thirty-four and two hundred
13 thirty-five of this act, and objections raised pursuant to section five
14 thousand two hundred forty-one of the civil practice law and rules.
15 Support magistrates shall not be empowered to hear, determine and grant
16 any relief with respect to issues specified in section four hundred
17 fifty-five of this article, issues of contested [paternity] parentage
18 involving claims of equitable estoppel, custody, visitation including
19 visitation as a defense, and orders of protection or exclusive
20 possession of the home, which shall be referred to a judge as provided
21 in subdivision (b) or (c) of this section. Where an order of [filiation]
22 parentage is issued by a judge in a [paternity] parentage proceeding and
23 child support is in issue, the judge, or support magistrate upon refer-
24 ral from the judge, shall be authorized to immediately make a temporary
25 or final order of support, as applicable. A support magistrate shall
26 have the authority to hear and decide motions and issue summonses and
27 subpoenas to produce persons pursuant to section one hundred fifty-three
28 of this act, hear and decide proceedings and issue any order authorized
29 by subdivision (g) of section five thousand two hundred forty-one of the
30 civil practice law and rules, issue subpoenas to produce prisoners
31 pursuant to section two thousand three hundred two of the civil practice
32 law and rules and make a determination that any person before the
33 support magistrate is in violation of an order of the court as author-
34 ized by section one hundred fifty-six of this act subject to confirma-
35 tion by a judge of the court who shall impose any punishment for such
36 violation as provided by law. A determination by a support magistrate
37 that a person is in willful violation of an order under subdivision
38 three of section four hundred fifty-four of this article and that recom-
39 mends commitment shall be transmitted to the parties, accompanied by
40 findings of fact, but the determination shall have no force and effect
41 until confirmed by a judge of the court.
42 § 6. Subdivision (b) of section 458-a of the family court act, as
43 added by chapter 398 of the laws of 1997, is amended to read as follows:
44 (b) If the respondent, after receiving appropriate notice, fails to
45 comply with a summons, subpoena or warrant relating to a [paternity]
46 parentage proceeding under article five of this act or child support
47 proceeding, the court may order the department of motor vehicles to
48 suspend the respondent's driving privileges. The court may subsequently
49 order the department of motor vehicles to terminate the suspension of
50 the respondent's driving privileges; however, the court shall order the
51 termination of such suspension when the court is satisfied that the
52 respondent has fully complied with the requirements of all summonses,
53 subpoenas and warrants relating to a [paternity] parentage proceeding
54 under article five of this act or child support proceeding. Nothing in
55 this subdivision shall authorize the court to terminate the respondent's
56 suspension of driving privileges except as provided in this subdivision.
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1 § 7. Subdivisions (b) and (c) of section 458-b of the family court
2 act, subdivision (b) as added and subdivision (c) as amended by chapter
3 398 of the laws of 1997, are amended to read as follows:
4 (b) If the respondent after receiving appropriate notice, fails to
5 comply with a summons, subpoena or warrant relating to a [paternity]
6 parentage proceeding under article five of this act or child support
7 proceeding, and the court has determined that the respondent is
8 licensed, permitted or registered by or with a board, department,
9 authority or office of this state or one of its political subdivisions
10 or instrumentalities to conduct a trade, business, profession or occupa-
11 tion, the court may order such board, department, authority or office to
12 commence proceedings as required by law regarding the suspension of such
13 license, permit, registration or authority to practice and to inform the
14 court of the actions it has taken pursuant to such proceeding. The court
15 may subsequently order such board, department, authority or office to
16 terminate the suspension of the respondent's license, permit, registra-
17 tion or authority to practice; however, the court shall order the termi-
18 nation of such suspension when the court is satisfied that the respond-
19 ent has fully complied with the requirements of all summonses, subpoenas
20 and warrants relating to a [paternity] parentage proceeding under arti-
21 cle five of this act or child support proceeding.
22 (c) If the court determines that the suspension of the license, permit
23 or registration of the respondent would create an extreme hardship to
24 either the licensee, permittee or registrant or to persons [whom he or
25 she serves] they serve, the court may, in lieu of suspension, suspend
26 the order described in subdivision (a) of this section to the licensing
27 entity for a period not to exceed one year. If on or before the expira-
28 tion of this period the court has not received competent proof presented
29 at hearing that the respondent is in full compliance with [his or her]
30 the respondent's support obligation and has fully complied with all
31 summons, subpoenas and warrants relating to a [paternity] parentage
32 proceeding under article five of this act or child support proceeding,
33 the court shall cause the suspension of the order to be removed and
34 shall further cause such order to be served upon the licensing entity.
35 § 8. Subdivision (b) of section 458-c of the family court act, as
36 added by chapter 398 of the laws of 1997, is amended to read as follows:
37 (b) If the respondent, after receiving appropriate notice, fails to
38 comply with a summons, subpoena, or warrant relating to a [paternity]
39 parentage proceeding under article five of this act or child support
40 proceeding, the court may order any agency responsible for the issuance
41 of a recreational license to suspend or to refuse to reissue a license
42 to the respondent or to deny application for such license by the
43 respondent. The court may subsequently order such agency to terminate
44 the adverse action regarding the respondent's license; however, the
45 court shall order the termination of such suspension or other adverse
46 action when the court is satisfied that the respondent has fully
47 complied with the requirements of all summons, subpoenas, and warrants
48 relating to a [paternity] parentage proceeding under article five of
49 this act or child support proceeding.
50 § 9. The article heading of article 5 of the family court act is
51 amended to read as follows:
52 [PATERNITY] PARENTAGE PROCEEDINGS
53 § 10. Section 511 of the family court act, as amended by chapter 533
54 of the laws of 1999, is amended to read as follows:
55 § 511. Jurisdiction. Except as otherwise provided, the family court
56 has exclusive original jurisdiction in proceedings to establish [pater-
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1 nity] parentage and, in any such proceedings in which it makes a finding
2 of [paternity] parentage, to order support and to make orders of custody
3 or of visitation, as set forth in this article. On its own motion, the
4 court may at any time in the proceedings also direct the filing of a
5 neglect petition in accord with the provisions of article ten of this
6 act. In accordance with the provisions of section one hundred eleven-b
7 of the domestic relations law, the surrogate's court has original juris-
8 diction concurrent with the family court to determine the issues relat-
9 ing to the establishment of [paternity] parentage.
10 § 11. Section 512 of the family court act, subdivision (d) as added by
11 chapter 665 of the laws of 1976, is amended to read as follows:
12 § 512. Definitions. When used in this article,
13 (a) The phrase "child born out of wedlock" refers to a child who is
14 begotten and born out of lawful matrimony.
15 (b) The word "child" refers to a child [born out of wedlock] live-born
16 individual of any age whose parentage may be determined under this act
17 or other law.
18 (c) [The word "mother" refers to the mother of a child born out of
19 wedlock.
20 (d) The word "father" refers to the father of a child born out-of-wed-
21 lock] "Parentage" means a determination that a person is the legal
22 parent of the child.
23 (d) "Parent" means an individual who has established a parent-child
24 relationship created or recognized under this act or other law.
25 (e) "Alleged parent" means an individual who has not established a
26 parentage but either seeks to establish parentage of, or is alleged by
27 another, to be the parent of a child who is the subject of a proceeding
28 under this article.
29 (f) "Record" means information inscribed in a tangible medium or
30 stored in an electronic or other medium that is retrievable in perceiva-
31 ble form.
32 (g) "Spouse" means an individual married to another, or who has a
33 legal relationship entered into under the laws of the United States or
34 of any state, local or foreign jurisdiction, which is substantially
35 equivalent to a marriage, including a civil union or domestic partner-
36 ship.
37 (h) "State" means a state of the United States, the District of Colum-
38 bia, Puerto Rico, the United States Virgin Islands, or any territory or
39 insular possession subject to the jurisdiction of the United States.
40 § 12. Section 514 of the family court act, as amended by chapter 215
41 of the laws of 2009, is amended to read as follows:
42 § 514. Liability [of father to mother] for expenses of pregnancy,
43 confinement and recovery. The [father] court may determine which parent
44 is liable for the reasonable expenses of the [mother's] gestating
45 parent's confinement and recovery and such reasonable expenses in
46 connection with [her] the pregnancy as determined by the court;
47 provided, however, where the [mother's] gestating parent's confinement,
48 recovery and expenses in connection with [her] the pregnancy were paid
49 under the medical assistance program on the [mother's] gestating
50 parent's behalf, the [father] non-gestating parent may be liable to the
51 social services district furnishing such medical assistance and to the
52 state department of health for medical assistance so expended. Such
53 expenses, including such expenses paid by the medical assistance program
54 on the [mother's] gestating parent's behalf, shall be deemed cash
55 medical support and the court shall determine the obligation of the
56 parties to contribute to the cost thereof pursuant to subparagraph five
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1 of paragraph (c) of subdivision one of section four hundred thirteen of
2 this act.
3 § 13. Section 517 of the family court act, as amended by chapter 809
4 of the laws of 1985, is amended to read as follows:
5 § 517. Time for instituting proceedings. Proceedings to establish the
6 [paternity] parentage of a child may be instituted during the pregnancy
7 of the [mother] gestating parent or after the birth of the child, but
8 shall not be brought after the child reaches the age of twenty-one
9 years, unless [paternity] parentage has been acknowledged by the
10 [father] non-gestating parent in writing or by furnishing support.
11 § 14. Section 518 of the family court act, as amended by chapter 310
12 of the laws of 1983, is amended to read as follows:
13 § 518. Effect of death, absence, or mental illness of [mother] gestat-
14 ing parent. If, at any time before or after a petition is filed, the
15 [mother] gestating parent dies or becomes mentally ill or cannot be
16 found within the state, neither the proceeding nor the right to commence
17 the proceeding shall abate but may be commenced or continued by any of
18 the persons authorized by this article to commence a [paternity] parent-
19 age proceeding.
20 § 15. Section 519 of the family court act, as added by chapter 434 of
21 the laws of 1987 and subdivision (c) as amended by chapter 533 of the
22 laws of 1999, is amended to read as follows:
23 § 519. Effect of death, absence or mental illness of [putative father]
24 alleged parent. If, at any time before or after a petition [if] is
25 filed, the [putative father] alleged parent dies, or becomes mentally
26 ill or cannot be found within the state, neither the proceeding nor the
27 right to commence the proceeding shall necessarily abate but may be
28 commenced or continued by any of the persons authorized by this article
29 to commence a [paternity] parentage proceeding where:
30 (a) the [putative father] alleged parent was the petitioner in the
31 [paternity] parentage proceeding; or,
32 (b) the [putative father] alleged parent acknowledged [paternity]
33 parentage of the child in open court; or,
34 (c) a genetic marker or DNA test had been administered to the [puta-
35 tive father] alleged parent prior to [his] the alleged parent's death;
36 or,
37 (d) the [putative father] alleged parent has openly and notoriously
38 acknowledged the child [as his own].
39 § 16. Section 521 of the family court act is amended to read as
40 follows:
41 § 521. Venue. Proceedings to establish [paternity] parentage may be
42 originated in the county where the [mother] gestating parent or child
43 resides or is found or in the county where the [putative father] alleged
44 parent resides or is found. The fact that the child was born outside of
45 the state of New York does not bar a proceeding to establish [paternity]
46 parentage in the county where the [putative father] alleged parent
47 resides or is found or in the county where the [mother] gestating parent
48 resides or the child is found.
49 § 17. Section 522 of the family court act, as amended by chapter 892
50 of the laws of 1986, is amended to read as follows:
51 § 522. Persons who may originate proceedings. (a) Proceedings to
52 establish the [paternity] parentage of [the] a child and to compel
53 support under this article may be commenced by [the mother,]:
54 (1) the gestating parent or alleged non-gestating parent, whether a
55 minor or not, [by a person alleging to be the father, whether a minor or
56 not, by the] or
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1 (2) a child or child's guardian or other person standing in a parental
2 relation or being the next of kin of the child, or [by]
3 (3) an authorized representative of a support enforcement agency or
4 other governmental agency authorized to maintain a parentage proceeding,
5 a representative authorized by law to act for an individual who would
6 otherwise be entitled to maintain a proceeding but who is deceased,
7 incapacitated, or
8 (4) a minor, in order to legally establish the child-parent relation-
9 ship, or
10 (5) any authorized representative of an incorporated society doing
11 charitable or philanthropic work, or if the [mother] gestating parent or
12 child is or is likely to become a public charge on a county, city or
13 town, by a public welfare official of the county, city or town where the
14 [mother] gestating parent resides or the child is found.
15 (b) An alleged parent may file a petition to establish parentage
16 notwithstanding an acknowledgment of parentage signed by the gestating
17 parent and another alleged parent.
18 (c) If a proceeding is originated by a [public welfare official]
19 support enforcement agency, other governmental agency or authorized
20 representative of an incorporated society doing charitable or philan-
21 thropic work and thereafter withdrawn or dismissed without consideration
22 on the merits, such withdrawal or dismissal shall be without prejudice
23 to other persons.
24 § 18. Section 523 of the family court act, as amended by chapter 398
25 of the laws of 1997, is amended to read as follows:
26 § 523. Petition to establish parentage. (a) Proceedings are commenced
27 by the filing of a verified petition, alleging that the person named as
28 respondent, or the petitioner if the petitioner is a person alleging to
29 be the child's [father] parent of a child born out of wedlock, is the
30 [father] parent of the child and petitioning the court to issue a
31 summons or a warrant, requiring the respondent to show cause why the
32 court should not enter a declaration of [paternity] parentage, an order
33 of support, and such other and further relief as may be appropriate
34 under the circumstances. Petitions involving assisted reproduction and
35 surrogacy shall be filed in accordance with article 5-C of this act.
36 (b) The petition shall be in writing and verified by the petitioner.
37 (c) Any such petition for the establishment of [paternity] parentage
38 or the establishment, modification and/or enforcement of a child support
39 obligation for persons not in receipt of family assistance, which
40 contains a request for child support enforcement services completed in a
41 manner as specified in section one hundred eleven-g of the social
42 services law, shall constitute an application for such services.
43 (d) In the event that the gestating parent signed an acknowledgment of
44 parentage with a person other than the alleged parent, the signatory to
45 the acknowledgment of parentage is a necessary party and must be named
46 as a respondent.
47 § 19. Section 524 of the family court act, as amended by chapter 59 of
48 the laws of 1993 and subdivision (b) as amended by chapter 398 of the
49 laws of 1997, is amended to read as follows:
50 § 524. Issuance of summons. (a) On receiving a petition sufficient in
51 law [commencing] to commence a [paternity] parentage proceeding, the
52 court shall cause a summons to be issued, requiring the respondent to
53 show cause why the [declaration of paternity,] order of [filiation]
54 parentage, order of support and other and further relief [prayed for by]
55 requested in the petition should not be made.
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1 (b) The summons shall contain or have attached thereto a notice stat-
2 ing: (i) that the respondent's failure to appear shall result in the
3 default entry of an order of [filiation] parentage by the court upon
4 proof of a respondent's actual notice of the commencement of the
5 proceeding; and (ii) that a respondent's failure to appear may result
6 in the suspension of [his or her] the respondent's driving privileges;
7 state professional, occupational and business licenses; and sporting
8 licenses and permits.
9 § 20. Subdivision (c) of section 525 of the family court act, as
10 amended by chapter 59 of the laws of 1993, is amended to read as
11 follows:
12 (c) In any case, whether or not service is attempted under subdivision
13 (a) or (b) of this section, service of a summons and petition under this
14 section may be effected by mail alone to the last known address of the
15 person to be served. Service by mail alone shall be made at least eight
16 days before the time stated in the summons for appearance. If service is
17 by mail alone, the court will enter an order of [filiation] parentage by
18 default if there is proof satisfactory to the court that the respondent
19 had actual notice of the commencement of the proceeding, which may be
20 established upon sufficient proof that the summons and petition were in
21 fact mailed by certified mail and signed for at the respondent's correct
22 street address or signed for at the post office. If service by certified
23 mail at the respondent's correct street address cannot be accomplished,
24 service pursuant to subdivision one, two, three or four of section three
25 hundred eight of the civil practice law and rules shall be deemed good
26 and sufficient service. Upon failure of the respondent to obey a summons
27 served in accordance with the provisions of this section by means other
28 than mail alone, the court will enter an order of [filiation] parentage
29 by default. The respondent shall have the right to make a motion for
30 relief from such default order within one year from the date such order
31 was entered.
32 § 21. Section 531 of the family court act, as amended by chapter 665
33 of the laws of 1976, is amended to read as follows:
34 § 531. Hearing. The trial shall be by the court without a jury. The
35 [mother or the alleged father] gestating parent and the alleged parent
36 shall be competent to testify but the respondent shall not be compelled
37 to testify. If the [mother is] parties are married, they both [she and
38 her husband] may testify to nonaccess. If the respondent shall offer
39 testimony of access by others at or about the time charged in the
40 complaint, such testimony shall not be competent or admissible in
41 evidence except when corroborated by other facts and circumstances tend-
42 ing to prove such access. The court may exclude the general public from
43 the room where the proceedings are heard and may admit only persons
44 directly interested in the case, including officers of the court and
45 witnesses.
46 § 22. Subdivisions (a) and (c) of section 532 of the family court act,
47 subdivision (a) as amended by chapter 214 of the laws of 1998 and subdi-
48 vision (c) as added by chapter 773 of the laws of 1982 as relettered by
49 chapter 311 of the laws of 1983, are amended to read as follows:
50 (a) The court shall advise the parties of their right to one or more
51 genetic marker tests or DNA tests and, on the court's own motion or the
52 motion of any party, shall order the [mother] gestating parent, [her]
53 the child and the alleged [father] parent, and, if appropriate, the
54 non-gestating signatory to an acknowledgement of parentage to submit to
55 one or more genetic marker or DNA tests of a type generally acknowledged
56 as reliable by an accreditation body designated by the secretary of the
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1 federal department of health and human services and performed by a labo-
2 ratory approved by such an accreditation body and by the commissioner of
3 health or by a duly qualified physician to aid in the determination of
4 whether the alleged [father] parent is or is not the [father] parent of
5 the child. No such test shall be ordered, however, upon a written find-
6 ing by the court that it is not in the best interests of the child on
7 the basis of res judicata, equitable estoppel, or the presumption of
8 legitimacy of a child born to a married [woman] couple. The record or
9 report of the results of any such genetic marker or DNA test ordered
10 pursuant to this section or pursuant to section one hundred eleven-k of
11 the social services law shall be received in evidence by the court
12 pursuant to subdivision (e) of rule forty-five hundred eighteen of the
13 civil practice law and rules where no timely objection in writing has
14 been made thereto and that if such timely objections are not made, they
15 shall be deemed waived and shall not be heard by the court. If the
16 record or report of the results of any such genetic marker or DNA test
17 or tests indicate at least a ninety-five percent probability of [pater-
18 nity] parentage, the admission of such record or report shall create a
19 rebuttable presumption of [paternity] parentage, and shall establish, if
20 unrebutted, the [paternity] parentage of and liability for the support
21 of a child pursuant to this article and article four of this act.
22 (c) The cost of any test ordered pursuant to subdivision (a) of this
23 section shall be, in the first instance, paid by the moving party. If
24 the moving party is financially unable to pay such cost, the court may
25 direct any qualified public health officer to conduct such test, if
26 practicable; otherwise, the court may direct payment from the funds of
27 the appropriate local social services district. In its order of disposi-
28 tion, however, the court may direct that the cost of any such test be
29 apportioned between the parties according to their respective abilities
30 to pay or be assessed against the party who does not prevail on the
31 issue of [paternity] parentage, unless such party is financially unable
32 to pay.
33 § 23. Section 534 of the family court act, as amended by chapter 665
34 of the laws of 1976, is amended to read as follows:
35 § 534. Adjournment on motion of court. On its own motion, the court
36 may adjourn the hearing after it has made a finding of [paternity]
37 parentage to enable it to make inquiry into the surroundings, conditions
38 and capacities of the child, into the financial abilities and responsi-
39 bilities of both parents or for other proper cause. If the court so
40 adjourns the hearing, it may require the respondent to give an undertak-
41 ing to appear.
42 § 24. Section 536 of the family court act, as amended by chapter 892
43 of the laws of 1986, is amended to read as follows:
44 § 536. Counsel fees. Once an order of [filiation] parentage is made,
45 the court in its discretion may allow counsel fees to the attorney for
46 the prevailing party or parties, if [he or she is] they are unable to
47 pay such counsel fees. Representation by an attorney pursuant to para-
48 graph (b) of subdivision nine of section one hundred eleven-b of the
49 social services law shall not preclude an award of counsel fees to an
50 applicant which would otherwise be allowed under this section.
51 § 25. Section 541 of the family court act, as amended by chapter 665
52 of the laws of 1976, is amended to read as follows:
53 § 541. Order dismissing petition. If the court finds [the male party
54 is not the father] that the alleged parent is not a parent of the child,
55 it shall dismiss the petition. If a neglect petition was filed in the
56 [paternity] parentage proceeding, the court retains jurisdiction over
A. 8382 11
1 the neglect petition whether or not it dismisses the [paternity] parent-
2 age petition.
3 § 26. Section 542 of the family court act, as amended by chapter 354
4 of the laws of 1993, and subdivisions (a), (b) and (c) as amended by
5 chapter 398 of the laws of 1997, is amended to read as follows:
6 § 542. Order of [filiation] parentage. (a) If the court finds that
7 the [male party] alleged parent is the [father] parent of the child, it
8 shall make an order of [filiation, declaring paternity. Such order shall
9 contain the social security number of the declared father] parentage.
10 (b) If the respondent willfully fails to appear before the court
11 subsequent to the administration and analysis of a genetic marker test
12 or DNA test administered pursuant to sections four hundred eighteen and
13 five hundred thirty-two of this act or section one hundred eleven-k of
14 the social services law, and if such test does not exclude the respond-
15 ent as being the [father] parent of the child or the court determines
16 that there exists clear and convincing evidence of [paternity]
17 parentage, the court shall enter an order of temporary support notwith-
18 standing that [paternity] parentage of such child has [not] neither been
19 established nor has an order of [filiation] parentage been entered
20 against the respondent. The respondent shall be prospectively relieved
21 from liability for support under such order of temporary support upon
22 the respondent's appearance before the court.
23 (c) If the respondent willfully fails to comply with an order made by
24 either the court pursuant to sections four hundred eighteen and five
25 hundred thirty-two of this act or by a social services official or
26 designee pursuant to section one hundred eleven-k of the social services
27 law, and willfully fails to appear before the court when otherwise
28 required, the court shall enter an order of temporary support notwith-
29 standing that [paternity] parentage of the subject child has [not]
30 neither been established nor has an order of [filiation] parentage been
31 entered against the respondent. The respondent shall be prospectively
32 relieved from liability for support under such order of temporary
33 support upon the respondent's compliance with such order and subsequent
34 appearance before the court.
35 (d) If the gestating parent signed an acknowledgment of parentage with
36 another person whom the court has determined is not the parent of the
37 child, the court shall make an order vacating the acknowledgment of
38 parentage at the same time that it makes the order of parentage.
39 § 27. Section 543 of the family court act is amended to read as
40 follows:
41 § 543. Transmission of order of [filiation] parentage. When an order
42 of [filiation] parentage is made, the clerk of the court shall forthwith
43 transmit to the state commissioner of health on a form prescribed by
44 [him] the commissioner a written notification as to such order, together
45 with such other facts as may assist in identifying the birth record of
46 the person whose [paternity] parentage was in issue. When it appears to
47 the clerk that the person whose [paternity] parentage was established
48 was born in New York city, [he] the clerk shall forthwith transmit the
49 written notification aforesaid to the commissioner of health of the city
50 of New York instead of to the state commissioner of health.
51 § 28. Section 544 of the family court act is amended to read as
52 follows:
53 § 544. Transmission of abrogation of [filiation] parentage order. If
54 an order of [filiation] parentage is abrogated by a later judgment or
55 order of the court that originally made the order or by another court on
56 appeal, that fact shall be immediately communicated in writing by the
A. 8382 12
1 clerk of the court that originally made the order of [filiation] parent-
2 age to the state commissioner of health on a form prescribed by [him]
3 the commissioner. If notice of the order was given to the commissioner
4 of health of New York city, notice of abrogation shall be transmitted to
5 [him] the commissioner of health of the city of New York.
6 § 29. Section 545 of the family court act, as amended by chapter 849
7 of the laws of 1986, subdivision 1 as amended by chapter 215 of the laws
8 of 2009 and subdivision 2 as added by chapter 892 of the laws of 1986,
9 is amended to read as follows:
10 § 545. Order of support by parents. 1. In a proceeding in which the
11 court has made an order of [filiation] parentage, the court shall direct
12 the parent or parents possessed of sufficient means or able to earn such
13 means to pay weekly or at other fixed periods a fair and reasonable sum
14 according to their respective means as the court may determine and
15 apportion for such child's support and education, until the child is
16 twenty-one. The order shall be effective as of the earlier of the date
17 of the application for an order of [filiation] parentage, or, if the
18 children for whom support is sought are in receipt of public assistance,
19 the date for which their eligibility for public assistance was effec-
20 tive. Any retroactive amount of child support shall be support
21 arrears/past-due support and shall be paid in one sum or periodic sums
22 as the court shall direct, taking into account any amount of temporary
23 support which has been paid. In addition, such retroactive child support
24 shall be enforceable in any manner provided by law including, but not
25 limited to, an execution for support enforcement pursuant to subdivision
26 (b) of section fifty-two hundred forty-one of the civil practice law and
27 rules. The court shall direct such parent to make [his or her] the
28 parent's residence known at all times should [he or she] they move from
29 the address last known to the court by reporting such change to the
30 support collection unit designated by the appropriate social services
31 district. The order shall contain the social security numbers of the
32 named parents as required by section four hundred forty of this act.
33 The order may also direct each parent to pay an amount as the court may
34 determine and apportion for the support of the child prior to the making
35 of the order of [filiation] parentage, and may direct each parent to pay
36 an amount as the court may determine and apportion for the funeral
37 expenses if the child has died. The necessary expenses incurred by or
38 for the mother in connection with her confinement and recovery and such
39 expenses in connection with the pregnancy of the mother shall be deemed
40 cash medical support, and the court shall determine the obligation of
41 either or both parents to contribute to the cost thereof pursuant to
42 subparagraph five of paragraph (c) of subdivision one of section four
43 hundred thirteen of this act. In addition, the court shall make
44 provisions for health insurance benefits in accordance with the require-
45 ments of section four hundred sixteen of this act.
46 2. The court, in its discretion, taking into consideration the means
47 of the [father] respondent and [his] such respondent's ability to pay
48 and the needs of the child, may direct the payment of a reasonable sum
49 or periodic sums to the [mother] other parent as reimbursement for the
50 needs of the child accruing from the date of the birth of the child to
51 the date of the application for an order of [filiation] parentage.
52 § 30. Section 548-a of the family court act, as added by chapter 398
53 of the laws of 1997, is amended to read as follows:
54 § 548-a. [Paternity] Parentage or child support proceedings; suspen-
55 sion of driving privileges. (a) If the respondent, after receiving
56 appropriate notice, fails to comply with a summons, subpoena or warrant
A. 8382 13
1 relating to a [paternity] parentage or child support proceeding, the
2 court may order the department of motor vehicles to suspend the respond-
3 ent's driving privileges.
4 (b) The court may subsequently order the department of motor vehicles
5 to terminate the suspension of the respondent's driving privileges;
6 however, the court shall order the termination of such suspension when
7 the court is satisfied that the respondent has fully complied with the
8 requirements of all summonses, subpoenas and warrants relating to a
9 [paternity] parentage or child support proceeding.
10 § 31. Section 548-b of the family court act, as added by chapter 398
11 of the laws of 1997, is amended to read as follows:
12 § 548-b. [Paternity] Parentage or child support proceedings; suspen-
13 sion of state professional, occupational and business licenses. (a) If
14 the respondent, after receiving appropriate notice, fails to comply with
15 a summons, subpoena or warrant relating to a [paternity] parentage or
16 child support proceeding, and the court has determined that the respond-
17 ent is licensed, permitted or registered by or with a board, department,
18 authority or office of this state or one of its political subdivisions
19 or instrumentalities to conduct a trade, business, profession or occupa-
20 tion, the court may order such board, department, authority or office to
21 commence proceedings as required by law regarding the suspension of such
22 license, permit, registration or authority to practice and to inform the
23 court of the actions it has taken pursuant to such proceeding.
24 (b) The court may subsequently order such board, department, authority
25 or office to terminate the suspension of the respondent's license,
26 permit, registration or authority to practice; however, the court shall
27 order the termination of such suspension when the court is satisfied
28 that the respondent has fully complied with all summons, subpoenas and
29 warrants relating to a [paternity] parentage or child support proceed-
30 ing.
31 § 32. Section 548-c of the family court act, as added by chapter 398
32 of the laws of 1997, is amended to read as follows:
33 § 548-c. [Paternity] Parentage or child support proceedings; suspen-
34 sion of recreational licenses. If the respondent, after receiving appro-
35 priate notice, fails to comply with a summons, subpoena, or warrant
36 relating to a [paternity] parentage or child support proceeding, the
37 court may order any agency responsible for the issuance of a recreation-
38 al license to suspend or to refuse to reissue a license to the respond-
39 ent or to deny application for such license by the respondent. The court
40 may subsequently order such agency to terminate the adverse action
41 regarding the respondent's license; however, the court shall order the
42 termination of such suspension or other adverse action when the court is
43 satisfied that the respondent has fully complied with the requirements
44 of all summons, subpoenas, and warrants relating to a [paternity]
45 parentage or child support proceeding.
46 § 33. Subdivision (a) of section 549 of the family court act, as
47 amended by chapter 85 of the laws of 1996, is amended to read as
48 follows:
49 (a) If an order of [filiation] parentage is made [or if a paternity
50 agreement or compromise is approved by the court], in the absence of an
51 order of custody or of visitation entered by the supreme court the fami-
52 ly court may make an order of custody or of visitation, in accordance
53 with subdivision one of section two hundred forty of the domestic
54 relations law, requiring one parent to permit the other to visit the
55 child or children at stated periods.
A. 8382 14
1 § 34. Subdivision (h) of section 551 of the family court act, as
2 amended by chapter 526 of the laws of 2013, is amended to read as
3 follows:
4 (h) to pay the reasonable counsel fees and disbursements involved in
5 obtaining or enforcing the order of the person who is protected by such
6 order if such order is issued or enforced, whether or not an order of
7 [filiation] parentage is made;
8 § 35. Section 561 of the family court act is amended to read as
9 follows:
10 § 561. Proceedings to compel support by [mother] parents. Proceedings
11 may be initiated under article four of this act to compel a [mother]
12 parent who fails to support [her] the child to do so in accord with the
13 provisions of article four of this act.
14 § 36. Section 562 of the family court act is REPEALED.
15 § 37. Section 563 of the family court act is amended to read as
16 follows:
17 § 563. [Paternity] Parentage and support proceedings combined; appor-
18 tionment. When a proceeding to establish [paternity] parentage is
19 initiated under this article, the court on its own motion or on motion
20 of any person qualified under article four of this act to file a support
21 petition may direct the filing of a petition under article four to
22 compel the [mother] parent to support [her] the child. If the court
23 enters an order of [filiation] parentage, it may apportion the costs of
24 the support and education of the child between the parents according to
25 their respective means and responsibilities.
26 § 38. Section 564 of the family court act, as added by chapter 440 of
27 the laws of 1978, is amended to read as follows:
28 § 564. Order of [filiation] parentage in other proceedings. (a) In any
29 proceeding in the family court, whether under this act or under any
30 other law, if there is an allegation or statement in a petition that a
31 person is the [father] parent of a child who is a party to the proceed-
32 ing or also is a subject of the proceeding and if it shall appear that
33 the child is a child born [out-of-wedlock] out of wedlock, the court may
34 make an order of [filiation] parentage declaring the [paternity] parent-
35 age of the child in accordance with the provisions of this section.
36 (b) The court may make such an order of [filiation] parentage if (1)
37 both parents are before the court, (2) the [father] alleged parent
38 waives both the filing of a petition under section five hundred twenty-
39 three of this [act] article and the right to a hearing under section
40 five hundred thirty-three of this [act] article, and (3) the court is
41 satisfied as to the [paternity] parentage of the child from the testimo-
42 ny or sworn statements of the parents.
43 (c) The court may in any such proceeding in its discretion direct
44 [either the mother or] any [other] person empowered under section five
45 hundred twenty-two of this [act] article to file a verified petition
46 under section five hundred twenty-three of this [act] article.
47 (d) The provisions of part four of this article five shall apply to
48 any order of [filiation] parentage made under this section. The court
49 may in its discretion direct a severance of proceedings upon such order
50 of [filiation] parentage from the proceeding upon the petition referred
51 to in subdivision (a) of this section.
52 (e) For the purposes of this section the term "petition" shall include
53 a complaint in a civil action, an accusatory instrument under the crimi-
54 nal procedure law, a writ of habeas corpus, a petition for supplemental
55 relief, and any amendment in writing of any of the foregoing.
A. 8382 15
1 § 39. The article heading of article 5-A of the family court act, as
2 added by chapter 685 of the laws of 1975, is amended to read as follows:
3 SPECIAL PROVISIONS RELATING TO ENFORCEMENT OF SUPPORT
4 AND ESTABLISHMENT OF [PATERNITY] PARENTAGE
5 § 40. The section heading and subdivisions 1 and 8 of section 571 of
6 the family court act, the section heading as added by chapter 685 of the
7 laws of 1975 and subdivisions 1 and 8 as amended by section 111 of part
8 B of chapter 436 of the laws of 1997, are amended to read as follows:
9 Enforcement of support and establishment of [paternity] parentage. 1.
10 Any inconsistent provision of this law or any other law notwithstanding,
11 in cases where a social services official has accepted, on behalf of the
12 state and a social services district, an assignment of support rights
13 from a person applying for or receiving family assistance in accordance
14 with the provisions of the social services law, the social services
15 official or an authorized representative of the state is authorized to
16 bring a proceeding or proceedings in the family court pursuant to arti-
17 cle four of this act to enforce such support rights and, when appropri-
18 ate or necessary, to establish the [paternity] parentage of a child
19 pursuant to article five of this act.
20 8. Any other inconsistent provision of law notwithstanding, if an
21 applicant for or recipient of family assistance is pregnant, and a
22 proceeding to establish [paternity] parentage has been filed, and the
23 allegation of [paternity] parentage is denied by the respondent there
24 shall be a stay of all [paternity] parentage proceedings until sixty
25 days after the birth of the child.
26 § 41. Section 817 of the family court act, as amended by chapter 628
27 of the laws of 1978, is amended to read as follows:
28 § 817. Support, [paternity] parentage and child protection. On its own
29 motion and at any time in proceedings under this article, the court may
30 direct the filing of a child protective petition under article ten of
31 this [chapter] act, a support petition under article four, or a [pater-
32 nity] parentage petition under article five or five-C of this act and
33 consolidate the proceedings.
34 § 42. Section 1084 of the family court act, as added by chapter 457 of
35 the laws of 1988, is amended to read as follows:
36 § 1084. [Out-of-wedlock] Out of wedlock children; [paternity] parent-
37 age. No visitation right shall be enforceable under this part concerning
38 any legal parent or any person claiming to be a parent of an [out-of-
39 wedlock] out of wedlock child without an adjudication of the [paternity]
40 parentage of such person by a court of competent jurisdiction, or with-
41 out an acknowledgement of the [paternity] parentage of such person
42 executed pursuant to applicable provisions of law.
43 § 43. Subdivisions (d) and (g) of rule 4518 of the civil practice law
44 and rules, subdivision (d) as amended and subdivision (g) as added by
45 chapter 398 of the laws of 1997, are amended to read as follows:
46 (d) Any records or reports relating to the administration and analysis
47 of a genetic marker or DNA test, including records or reports of the
48 costs of such tests, administered pursuant to sections four hundred
49 eighteen and five hundred thirty-two of the family court act or section
50 one hundred eleven-k of the social services law are admissible in
51 evidence under this rule and are prima facie evidence of the facts
52 contained therein provided they bear a certification or authentication
53 by the head of the hospital, laboratory, department or bureau of a
54 municipal corporation or the state or by an employee delegated for that
55 purpose, or by a qualified physician. If such record or report relating
56 to the administration and analysis of a genetic marker test or DNA test
A. 8382 16
1 or tests administered pursuant to sections four hundred eighteen and
2 five hundred thirty-two of the family court act or section one hundred
3 eleven-k of the social services law indicates at least a ninety-five
4 percent probability of [paternity] parentage, the admission of such
5 record or report shall create a rebuttable presumption of [paternity]
6 parentage, and shall, if unrebutted, establish the [paternity] parentage
7 of and liability for the support of a child pursuant to articles four
8 and five of the family court act.
9 (g) Pregnancy and childbirth costs. Any hospital bills or records
10 relating to the costs of pregnancy or birth of a child for whom
11 proceedings to establish [paternity] parentage, pursuant to sections
12 four hundred eighteen [and], five hundred thirty-two and article five-C
13 of the family court act or section one hundred eleven-k of the social
14 services law have been or are being undertaken, are admissible in
15 evidence under this rule and are prima facie evidence of the facts
16 contained therein, provided they bear a certification or authentication
17 by the head of the hospital, laboratory, department or bureau of a
18 municipal corporation or the state or by an employee designated for that
19 purpose, or by a qualified physician.
20 § 44. Subdivision 4 of section 75-a of the domestic relations law, as
21 added by chapter 386 of the laws of 2001, is amended to read as follows:
22 4. "Child custody proceeding" means a proceeding in which legal custo-
23 dy, physical custody, or visitation with respect to a child is an issue.
24 The term includes a proceeding for divorce, separation, neglect, abuse,
25 dependency, guardianship, parentage or paternity, termination of
26 parental rights, and protection from domestic violence, in which the
27 issue may appear. The term does not include a proceeding involving juve-
28 nile delinquency, person in need of supervision, contractual emancipa-
29 tion, or enforcement under title three of this article.
30 § 45. The section heading and subdivisions 1 and 3 of section 111-b of
31 the domestic relations law, as added by chapter 575 of the laws of 1980,
32 are amended to read as follows:
33 Determination of issue of [paternity] parentage by surrogate; limita-
34 tions. 1. In the course of an adoption proceeding conducted pursuant to
35 this article the surrogate shall have jurisdiction to determine any
36 issue of [paternity] parentage arising in the course of the same
37 proceeding and to make findings and issue an order thereon.
38 3. A judge of the family court shall continue to exercise all of the
39 powers relating to adoption and declaration of [paternity] parentage
40 conferred upon the family court by law.
41 § 46. Paragraph (j) of subdivision 1 of section 240 of the domestic
42 relations law, as amended by chapter 624 of the laws of 2002, is amended
43 to read as follows:
44 (j) The order shall be effective as of the date of the application
45 therefor, and any retroactive amount of child support due shall be
46 support arrears/past due support and shall, except as provided for here-
47 in, be paid in one lump sum or periodic sums, as the court shall direct,
48 taking into account any amount of temporary support which has been paid.
49 In addition, such retroactive child support shall be enforceable in any
50 manner provided by law including, but not limited to, an execution for
51 support enforcement pursuant to subdivision (b) of section fifty-two
52 hundred forty-one of the civil practice law and rules. When a child
53 receiving support is a public assistance recipient, or the order of
54 support is being enforced or is to be enforced pursuant to section one
55 hundred eleven-g of the social services law, the court shall establish
56 the amount of retroactive child support and notify the parties that such
A. 8382 17
1 amount shall be enforced by the support collection unit pursuant to an
2 execution for support enforcement as provided for in subdivision (b) of
3 section fifty-two hundred forty-one of the civil practice law and rules,
4 or in such periodic payments as would have been authorized had such an
5 execution been issued. In such case, the courts shall not direct the
6 schedule of repayment of retroactive support. Where such direction is
7 for child support and [paternity] parentage has been established by a
8 voluntary acknowledgement of [paternity] parentage as defined in section
9 forty-one hundred thirty-five-b of the public health law, the court
10 shall inquire of the parties whether the acknowledgement has been duly
11 filed, and unless satisfied that it has been so filed shall require the
12 clerk of the court to file such acknowledgement with the appropriate
13 registrar within five business days. Such direction may be made in the
14 final judgment in such action or proceeding, or by one or more orders
15 from time to time before or subsequent to final judgment, or by both
16 such order or orders and the final judgment. Such direction may be made
17 notwithstanding that the court for any reason whatsoever, other than
18 lack of jurisdiction, refuses to grant the relief requested in the
19 action or proceeding. Any order or judgment made as in this section
20 provided may combine in one lump sum any amount payable to the custodial
21 parent under this section with any amount payable to such parent under
22 section two hundred thirty-six of this article. Upon the application of
23 either parent, or of any other person or party having the care, custody
24 and control of such child pursuant to such judgment or order, after such
25 notice to the other party, parties or persons having such care, custody
26 and control and given in such manner as the court shall direct, the
27 court may annul or modify any such direction, whether made by order or
28 final judgment, or in case no such direction shall have been made in the
29 final judgment may, with respect to any judgment of annulment or declar-
30 ing the nullity of a void marriage rendered on or after September first,
31 nineteen hundred forty, or any judgment of separation or divorce whenev-
32 er rendered, amend the judgment by inserting such direction. Subject to
33 the provisions of section two hundred forty-four of this article, no
34 such modification or annulment shall reduce or annul arrears accrued
35 prior to the making of such application unless the defaulting party
36 shows good cause for failure to make application for relief from the
37 judgment or order directing such payment prior to the accrual of such
38 arrears. Such modification may increase such child support nunc pro tunc
39 as of the date of application based on newly discovered evidence. Any
40 retroactive amount of child support due shall be support arrears/past
41 due support and shall be paid in one lump sum or periodic sums, as the
42 court shall direct, taking into account any amount of temporary child
43 support which has been paid. In addition, such retroactive child support
44 shall be enforceable in any manner provided by law including, but not
45 limited to, an execution for support enforcement pursuant to subdivision
46 (b) of section fifty-two hundred forty-one of the civil practice law and
47 rules.
48 § 47. Subdivision (b) of section 244-b of the domestic relations law,
49 as added by chapter 398 of the laws of 1997, is amended to read as
50 follows:
51 (b) If the respondent, after receiving appropriate notice, fails to
52 comply with a summons, subpoena or warrant relating to a [paternity]
53 parentage proceeding under article five of the family court act or child
54 support proceeding, the court may order the department of motor vehicles
55 to suspend the respondent's driving privileges. The court may subse-
56 quently order the department of motor vehicles to terminate the suspen-
A. 8382 18
1 sion of the respondent's driving privileges; however, the court shall
2 order the termination of such suspension when the court is satisfied
3 that the respondent has fully complied with all summonses, subpoenas and
4 warrants relating to a [paternity] parentage proceeding under article
5 five of the family court act or child support proceeding.
6 § 48. Subdivision (b) of section 244-c of the domestic relations law,
7 as added by chapter 398 of the laws of 1997, is amended to read as
8 follows:
9 (b) If the respondent, after receiving appropriate notice, fails to
10 comply with a summons, subpoena or warrant relating to a [paternity]
11 parentage proceeding under article five of the family court act or child
12 support proceeding, and the court has determined that the respondent is
13 licensed, permitted or registered by or with a board, department,
14 authority or office of this state or one of its political subdivisions
15 or instrumentalities to conduct a trade, business, profession or occupa-
16 tion, the court may order such board, department, authority or office to
17 commence proceedings as required by law regarding the suspension of such
18 license, permit, registration or authority to practice and to inform the
19 court of the actions it has taken pursuant to such proceeding. The court
20 may subsequently order such board, department, authority or office to
21 terminate the suspension of the respondent's license, permit, registra-
22 tion or authority to practice; however, the court shall order the termi-
23 nation of such suspension when the court is satisfied that the respond-
24 ent has fully complied with all summons, subpoenas and warrants relating
25 to a [paternity] parentage proceeding under article five of the family
26 court act or child support proceeding.
27 § 49. Subdivision (b) of section 244-d of the domestic relations law,
28 as added by chapter 398 of the laws of 1997, is amended to read as
29 follows:
30 (b) If the respondent, after receiving appropriate notice, fails to
31 comply with a summons, subpoena, or warrant relating to a [paternity]
32 parentage proceeding under article five of the family court act or child
33 support proceeding, the court may order any agency responsible for the
34 issuance of a recreational license to suspend or to refuse to reissue a
35 license to the respondent or to deny application for such license by the
36 respondent. The court may subsequently order such agency to terminate
37 the adverse action regarding the respondent's license; however, the
38 court shall order the termination of such suspension or other adverse
39 action when the court is satisfied that the respondent has fully
40 complied with the requirements of all summons, subpoenas, and warrants
41 relating to a [paternity] parentage proceeding under article five of the
42 family court act or child support proceeding.
43 § 50. Paragraph (a) of subdivision 6 of section 256 of the executive
44 law, as amended by chapter 601 of the laws of 2007, is amended to read
45 as follows:
46 (a) Each probation agency or department and state operated probation
47 services shall provide for intake, investigation, supervision and
48 conciliation services relating to custody, visitation and [paternity]
49 parentage proceedings and may provide for such services in support
50 proceedings under the provisions of articles four, five, five-A and six
51 of the family court act. For purposes of this subdivision, intake
52 services: (i) relating to support proceedings under article four and
53 relating to [paternity] parentage proceedings under articles five and
54 five-A of the family court act, shall include referral to the office of
55 temporary and disability assistance's child support enforcement unit in
56 cases where a person is applying for or receiving public assistance or
A. 8382 19
1 where a person chooses to utilize the services of such unit; (ii) relat-
2 ing to support proceedings under article four of the family court act,
3 shall include services rendered to the payors of support orders seeking
4 to modify such orders.
5 § 51. Paragraphs a and g of subdivision 2-a of section 90 of the judi-
6 ciary law, as amended by chapter 398 of the laws of 1997, are amended to
7 read as follows:
8 a. The provisions of this subdivision shall apply in all cases of an
9 attorney licensed, registered or admitted to practice in this state who
10 has failed after receiving appropriate notice, to comply with a summons,
11 subpoena or warrant relating to a [paternity] parentage proceeding under
12 article five of the family court act or child support proceeding involv-
13 ing [him or her] the attorney personally, or who is in arrears in
14 payment of child support or combined child and spousal support which
15 matter shall be referred to the appropriate appellate division by a
16 court pursuant to the requirements of section two hundred forty-four-c
17 of the domestic relations law or pursuant to section four hundred
18 fifty-eight-b or five hundred forty-eight-b of the family court act.
19 g. This subdivision two-a applies to [paternity] parentage and child
20 support proceedings commenced under, and support obligations paid pursu-
21 ant to any order of child support or child and spousal support issued
22 under provisions of section two hundred thirty-six or two hundred forty
23 of the domestic relations law, or article four, five, five-A or five-B
24 of the family court act.
25 § 52. The section heading and subdivision 1 of section 110-a of the
26 social services law, the section heading as added by chapter 773 of the
27 laws of 1974 and subdivision 1 as amended by chapter 456 of the laws of
28 1978, are amended to read as follows:
29 Special provisions for legal services to enforce support to recover
30 costs of public assistance and care and to establish [paternity] parent-
31 age. 1. Any inconsistent provision of law notwithstanding, the appro-
32 priating body of a social services district may authorize and make
33 provision for the social services commissioner of such district to
34 obtain: (a) necessary legal services on a fee for service basis or
35 other appropriate basis which the department may approve, to obtain
36 support from spouses and parents, to recover costs of public assistance
37 and care granted, to establish [paternity] parentage, and to initiate
38 and prosecute proceedings for the commitment of the guardianship and
39 custody of destitute or dependent children to authorized agencies,
40 pursuant to the provisions of this chapter and the domestic relations
41 law, the family court act and other laws, and (b) necessary services of
42 private investigators, licensed pursuant to section seventy of the
43 general business law, on a fee for service or other appropriate basis
44 which the department may approve, to provide investigative assistance in
45 efforts of the district to locate absent parents [and fathers] of chil-
46 dren born out of wedlock.
47 § 53. The title heading of title 6-A of article 3 of the social
48 services law, as added by chapter 685 of the laws of 1975, is amended to
49 read as follows:
50 ESTABLISHMENT OF [PATERNITY] PARENTAGE AND ENFORCEMENT
51 OF SUPPORT
52 § 54. Subdivisions 1, 2-a and subparagraph 1 of paragraph (d) of
53 subdivision 4-a of section 111-b of the social services law, subdivision
54 1 as added by chapter 685 of the laws of 1975, subdivision 2-a as
55 amended by chapter 815 of the laws of 1987 and subparagraph 1 of para-
A. 8382 20
1 graph (d) of subdivision 4-a as added by chapter 398 of the laws of
2 1997, are amended to read as follows:
3 1. The single organizational unit within the department shall be
4 responsible for the supervision of the activities of state and local
5 officials relating to establishment of [paternity] parentage of children
6 born [out-of-wedlock] out of wedlock, location of absent parents and
7 enforcement of support obligations of legally responsible relatives to
8 contribute for the support of their dependents.
9 2-a. The department shall prepare a notice which shall be distributed
10 by social services officials to persons who may be required to assign
11 support rights which notice shall explain the rights and obligations
12 that may result from the establishment of [paternity] parentage and the
13 right of the assignor to be kept informed, upon request, of the time,
14 date and place of any proceedings involving the assignor and such other
15 information as the department believes is pertinent. The notice shall
16 state that the attorney initiating the proceeding represents the depart-
17 ment.
18 (1) information on administrative actions and administrative and judi-
19 cial proceedings and orders relating to [paternity] parentage and
20 support;
21 § 55. Paragraph g of subdivision 2 of section 111-c of the social
22 services law, as amended by section 18 of part L of chapter 56 of the
23 laws of 2020, is amended to read as follows:
24 g. obtain from respondent, when appropriate and in accordance with the
25 procedures established by section one hundred eleven-k of this [chapter]
26 title, an acknowledgement of parentage or an agreement to make support
27 payments, or both;
28 § 56. Subdivision 1 of section 111-d of the social services law, as
29 amended by chapter 502 of the laws of 1990, is amended to read as
30 follows:
31 1. The provisions of section one hundred fifty-three of this chapter
32 shall be applicable to expenditures by social services districts for
33 activities related to the establishment of [paternity] parentage of
34 children born [out-of-wedlock] out of wedlock, the location of deserting
35 parents and the enforcement and collection of support obligations owed
36 to recipients of aid to dependent children and persons receiving
37 services pursuant to section one hundred eleven-g of this title.
38 § 57. The section heading and subdivision 1 of section 111-g of the
39 social services law, as amended by section 1 of part Z of chapter 57 of
40 the laws of 2008, are amended to read as follows:
41 Availability of [paternity] parentage and support services. 1. The
42 office of temporary and disability assistance and the social services
43 districts, in accordance with the regulations of the office of temporary
44 and disability assistance, shall make services relating to the estab-
45 lishment of [paternity] parentage and the establishment and enforcement
46 of support obligations available to persons not receiving family assist-
47 ance upon application by such persons. Such persons must apply by (i)
48 completing and signing a form as prescribed by the office of temporary
49 and disability assistance, or (ii) filing a petition with the court or
50 applying to the court in a proceeding for the establishment of [paterni-
51 ty] parentage and/or establishment and/or enforcement of a support obli-
52 gation, which includes a statement signed by the person requesting
53 services clearly indicating that such person is applying for child
54 support enforcement services pursuant to this title.
55 § 58. Section 111-p of the social services law, as added by chapter
56 398 of the laws of 1997, is amended to read as follows:
A. 8382 21
1 § 111-p. Authority to issue subpoenas. The department or the child
2 support enforcement unit coordinator or support collection unit supervi-
3 sor of a social services district, or [his or her] the department's
4 designee, or another state's child support enforcement agency governed
5 by title IV-D of the social security act, shall be authorized, whether
6 or not a proceeding is currently pending, to subpoena from any person,
7 public or private entity or governmental agency, and such person, entity
8 or agency shall provide any financial or other information needed to
9 establish [paternity] parentage and to establish, modify or enforce any
10 support order. If a subpoena is served when a petition is not currently
11 pending, the supreme court or a judge of the family court may hear and
12 decide all motions relating to the subpoena. If the subpoena is served
13 after a petition has been served, the court in which the petition is
14 returnable shall hear and decide all motions relating to the subpoena.
15 Any such person, entity, or agency shall provide the subpoenaed informa-
16 tion by the date as specified in the subpoena. Such subpoena shall be
17 subject to the provisions of article twenty-three of the civil practice
18 law and rules. The department or district may impose a penalty for fail-
19 ure to respond to such information subpoenas pursuant to section twen-
20 ty-three hundred eight of the civil practice law and rules.
21 § 59. Section 111-r of the social services law, as added by chapter
22 398 of the laws of 1997, is amended to read as follows:
23 § 111-r. Requirement to respond to requests for information. All
24 employers, as defined in section one hundred eleven-m of this [article]
25 title (including for-profit, not-for-profit and governmental employers),
26 are required to provide information promptly on the employment, compen-
27 sation and benefits of any individual employed by such employer as an
28 employee or contractor, when the department or a social services
29 district or its authorized representative, or another state's child
30 support enforcement agency governed by title IV-D of the social security
31 act, requests such information for the purpose of establishing [paterni-
32 ty] parentage, or establishing, modifying or enforcing an order of
33 support. To the extent feasible, such information shall be requested
34 and provided using automated systems, and shall include, but is not
35 limited to, information regarding the individual's last known address,
36 date of birth, social security number, plans providing health care or
37 other medical benefits by insurance or otherwise, wages, salaries, earn-
38 ings or other income of such individual. Notwithstanding any other
39 provision of law to the contrary, such officials are not required to
40 obtain an order from any judicial or administrative tribunal in order to
41 request or receive such information. The department shall be authorized
42 to impose a penalty for failure to respond to such requests of five
43 hundred dollars for an initial failure and seven hundred dollars for the
44 second and subsequent failure.
45 § 60. The opening paragraph of subdivision 1 of section 111-s of the
46 social services law, as added by chapter 398 of the laws of 1997, is
47 amended to read as follows:
48 For the purpose of establishing [paternity] parentage, or establish-
49 ing, modifying or enforcing an order of support, the department or a
50 social services district or its authorized representative, and child
51 support enforcement agencies of other states established pursuant to
52 title IV-D of the social security act, without the necessity of obtain-
53 ing an order from any other judicial or administrative tribunal and
54 subject to safeguards on privacy and information security, shall have
55 access to information contained in the following records:
A. 8382 22
1 § 61. Subparagraph 1 of paragraph (a) of subdivision 2 of section
2 111-v of the social services law, as added by chapter 398 of the laws of
3 1997, is amended to read as follows:
4 (1) safeguards against unauthorized use or disclosure of information
5 relating to procedures or actions to establish [paternity] parentage or
6 to establish or enforce support;
7 § 62. Subdivision 16 of section 131 of the social services law, as
8 added by chapter 214 of the laws of 1998, is amended to read as follows:
9 16. If, in accordance with section one hundred fifty-eight, three
10 hundred forty-nine-b or other provisions of this chapter, the social
11 services official determines that an individual is not cooperating in
12 establishing [paternity] parentage or in establishing, modifying, or
13 enforcing a support order with respect to a child of the individual, and
14 the individual does not have good cause for such failure or is not
15 otherwise excepted from so cooperating in accordance with regulations of
16 the department, the assistance given to the household shall be reduced
17 by twenty-five percent.
18 § 63. Subdivisions 1 and 3 of section 132-a of the social services
19 law, as added by chapter 184 of the laws of 1969, are amended to read as
20 follows:
21 1. When an investigation is required by section one hundred thirty-two
22 of this article and other provisions of this chapter for the purpose of
23 determining the eligibility for public assistance and care of an appli-
24 cant pregnant with or who is the [mother] gestational parent of an out
25 of wedlock child such investigation shall include diligent inquiry into
26 the [paternity] parentage of such child.
27 3. In appropriate cases, such applicant shall be required to file a
28 petition in the family court instituting proceedings to determine the
29 [paternity] parentage of [her] the child, and [she] such parent shall be
30 required to assist and cooperate in establishing such [paternity]
31 parentage. However, such a petition shall not be required to be filed if
32 the child has been surrendered to the social services official for
33 adoption or if such surrender is under consideration in accordance with
34 the provisions of section one hundred thirty-two of this article.
35 § 64. Paragraph (b) of subdivision 1 and subdivision 2 of section
36 349-b of the social services law, paragraph (b) of subdivision 1 as
37 amended by chapter 398 of the laws of 1997 and subdivision 2 as added by
38 chapter 685 of the laws of 1975, are amended to read as follows:
39 (b) to cooperate with the state and the social services official, in
40 accordance with standards established by regulations of the department
41 consistent with federal law, in establishing the [paternity] parentage
42 of a child born [out-of-wedlock] out of wedlock for whom assistance
43 under this title is being applied for or received, in their efforts to
44 locate any absent parent and in obtaining support payments or any other
45 payments or property due such person and due each child for whom assist-
46 ance under this title is being applied for or received, except that an
47 applicant or recipient shall not be required to cooperate in such
48 efforts in cases in which the social services official has determined,
49 in accordance with criteria, including the best interests of the child,
50 as established by regulations of the department consistent with federal
51 law, that such applicant or recipient has good cause to refuse to coop-
52 erate. Each social service district shall inform applicants for and
53 recipients of family assistance required to cooperate with the state and
54 local social services officials pursuant to the provisions of this para-
55 graph, that where a proceeding to establish [paternity] parentage has
56 been filed, and the allegation of [paternity] parentage has been denied
A. 8382 23
1 by the respondent, that there shall be a stay of all [paternity] parent-
2 age proceedings and related local social services proceedings until
3 sixty days after the birth of the child. Such applicants and recipients
4 shall also be informed that public assistance and care shall not be
5 denied during the stay on the basis of refusal to cooperate pursuant to
6 the provisions of this paragraph.
7 2. The amount of the payments due from the absent parent in meeting
8 [his] such parent's support obligations under this section shall be the
9 amount of a current court support order or, in the absence of a court
10 order, if such parent agrees to meet [his] the parent's support obli-
11 gation, an amount to be determined in accordance with a support formula
12 established by the department and approved by the secretary of the
13 federal department of health[, education and welfare] and human
14 services.
15 § 65. Paragraphs (a), (d), (e) and (f) of subdivision 1 of section
16 352-a of the social services law, paragraphs (a), (d) and (e) as added
17 by chapter 187 of the laws of 1969 and paragraph (f) as amended by chap-
18 ter 685 of the laws of 1975, are amended to read as follows:
19 (a) to ascertain who may be the [putative father] parent of such
20 child born out of wedlock, and take appropriate steps to establish the
21 [paternity] parentage thereof in accordance with applicable provisions
22 of law;
23 (d) to establish cooperative arrangements with the family court,
24 county attorneys, corporation counsels and other law enforcement offi-
25 cials, for the establishment of [paternity] parentage and location of
26 missing parents of such children and for the enforcement of their obli-
27 gations to support or contribute to support of such children to the
28 extent of their ability;
29 (e) to provide pertinent information to such court and law enforce-
30 ment officials to enable them to assist in locating [putative fathers]
31 alleged and deserting parents of such children, in establishing [pater-
32 nity] parentage and in securing support payments therefrom, provided
33 that there is an agreement between such social services official and
34 such court and such law enforcement officials insuring that such infor-
35 mation will be used only for the purpose intended;
36 (f) to reimburse, to the extent that state and federal requirements
37 authorize or require, appropriate courts and law enforcement officials
38 for activities related to the requirements of this chapter and the fami-
39 ly court act with respect to establishment of [paternity] parentage and
40 for services they have undertaken on behalf of such official.
41 § 66. Subparagraph 3 of paragraph (d) of subdivision 1 of section 366
42 of the social services law, as amended by section 2 of part CCC of chap-
43 ter 56 of the laws of 2022, is amended to read as follows:
44 (3) cooperates with the appropriate social services official or the
45 department in establishing [paternity] parentage or in establishing,
46 modifying, or enforcing a support order with respect to [his or her] the
47 child; provided, however, that nothing herein contained shall be
48 construed to require a payment under this title for care or services,
49 the cost of which may be met in whole or in part by a third party;
50 notwithstanding the foregoing, a social services official shall not
51 require such cooperation if the social services official or the depart-
52 ment determines that such actions would be detrimental to the best
53 interest of the child, applicant, or recipient, or with respect to preg-
54 nant women during pregnancy and during the one year period beginning on
55 the last day of pregnancy, in accordance with procedures and criteria
A. 8382 24
1 established by regulations of the department consistent with federal
2 law; and
3 § 67. Subdivisions 1, 2, 3 and 4 of section 372-c of the social
4 services law, subdivisions 1 and 2 as amended by section 20 of part L of
5 chapter 56 of the laws of 2020 and subdivisions 3 and 4 as added by
6 chapter 665 of the laws of 1976, are amended to read as follows:
7 1. The department shall establish a putative father registry which
8 shall record the names and addresses of: (a) any person adjudicated by
9 a court of this state to be the parent of a child born out of wedlock;
10 (b) any person who has filed with the registry before or after the birth
11 of a child out of wedlock, a notice of intent to claim parentage of the
12 child; (c) any person adjudicated by a court of another state or terri-
13 tory of the United States to be the father of an out of wedlock child,
14 where a certified copy of the court order has been filed with the regis-
15 try by such person or any other person; (d) any person who has filed
16 with the registry an instrument acknowledging [paternity] parentage
17 pursuant to section 4-1.2 of the estates, powers and trusts law or
18 section forty-one hundred thirty-five-b of the public health law.
19 2. A person filing a notice of intent to claim parentage of a child or
20 an acknowledgement of [paternity] parentage shall include therein [his]
21 such person's current address and shall notify the registry of any
22 change of address pursuant to procedures prescribed by regulations of
23 the department.
24 3. A person who has filed a notice of intent to claim [paternity]
25 parentage may at any time revoke a notice of intent to claim [paternity]
26 parentage previously filed therewith and, upon receipt of such notifica-
27 tion by the registry, the revoked notice of intent to claim [paternity]
28 parentage shall be deemed a nullity nunc pro tunc.
29 4. An unrevoked notice of intent to claim [paternity] parentage of a
30 child may be introduced in evidence by any party, other than the person
31 who filed such notice, in any proceeding in which such fact may be rele-
32 vant.
33 § 68. Subdivision 4 of section 3-503 of the general obligations law,
34 as amended by chapter 398 of the laws of 1997, is amended to read as
35 follows:
36 4. Every application shall state in bold face that persons who are
37 four months or more in arrears in child support or who have failed to
38 comply with a summons, subpoena or warrant relating to a [paternity]
39 parentage proceeding under article five of the family court act or child
40 support proceeding may be subject to suspension of their business,
41 professional, drivers and/or recreational licenses and permits includ-
42 ing, but not limited to, licences issued pursuant to section 11-0713 of
43 the environmental conservation law.
44 § 69. The subdivision heading of subdivision 4-e of section 510 of the
45 vehicle and traffic law, as amended by chapter 601 of the laws of 2007,
46 is amended to read as follows:
47 4-e. Suspension and disqualification for failure to make child support
48 payments or failure to comply with a summons, subpoena or warrant relat-
49 ing to a [paternity] parentage proceeding under article five of the
50 family court act or child support proceeding.
51 § 70. Paragraphs (a) and (d) of subdivision 4 of section 119 of the
52 alcoholic beverage control law, paragraph (a) as amended and paragraph
53 (d) as added by chapter 398 of the laws of 1997, are amended to read as
54 follows:
55 (a) The provisions of this subdivision shall apply in all cases of
56 licensee or permittee failure after receiving appropriate notice, to
A. 8382 25
1 comply with a summons, subpoena or warrant relating to a [paternity]
2 parentage proceeding under article five of the family court act or child
3 support proceeding and arrears in payment of child support or combined
4 child and spousal support referred to the authority by a court pursuant
5 to the requirements of section two hundred forty-four-c of the domestic
6 relations law or pursuant to section four hundred fifty-eight-b or five
7 hundred forty-eight-b of the family court act.
8 (d) Upon receipt of an order from the court based on failure to comply
9 with a summons, subpoena, or warrant relating to a [paternity] parentage
10 proceeding under article five of the family court act or child support
11 proceeding, the authority, if it finds such person has been issued a
12 license or permit, shall within thirty days of receipt of such order
13 from the court, provide notice to the licensee or permittee that [his or
14 her] the licencee's license shall be suspended in sixty days unless the
15 conditions in paragraph (e) of this subdivision are met.
16 § 71. The section heading and subdivisions 1 and 5 of section 6509-c
17 of the education law, as added by chapter 398 of the laws of 1997, are
18 amended to read as follows:
19 Additional definition of professional misconduct; failure to comply in
20 [paternity] parentage or child support proceedings; limited application.
21 1. The provisions of this section shall apply in all cases of licensee
22 or registrant failure after receiving appropriate notice, to comply with
23 a summons, subpoena or warrant relating to a [paternity] parentage or
24 child support proceeding referred to the board of regents by a court
25 pursuant to the requirements of section two hundred forty-four-c of the
26 domestic relations law or pursuant to section four hundred fifty-eight-b
27 or five hundred forty-eight-b of the family court act.
28 5. This section applies to [paternity] parentage or child support
29 proceedings commenced under, and support obligations paid pursuant to
30 any order of child support or child and spousal support issued under
31 provisions of section two hundred thirty-six or two hundred forty of the
32 domestic relations law, or article four, five, five-A or five-B of the
33 family court act.
34 § 72. This act shall take effect on the first day of November after it
35 shall have become a law; provided, however, that:
36 (a) the amendments to subdivision (a) of section 439 of the family
37 court act made by section five of this act shall be subject to the expi-
38 ration and reversion of such subdivision pursuant to subdivision 19 of
39 section 246 of chapter 81 of the laws of 1995 as amended, when upon such
40 date the provisions of section five-a of this act shall take effect; and
41 (b) the amendments to subdivision 4-e of section 510 of the vehicle
42 and traffic law made by section two of this act shall not affect the
43 repeal of such subdivision and shall be deemed repealed therewith.
