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S09748 Summary:

BILL NOS09748
 
SAME ASSAME AS A04880-A
 
SPONSORCOONEY
 
COSPNSR
 
MLTSPNSR
 
Rpld §24, amd §§109, 110 & 70, add Art 7 Title 5 §§118 - 120, Dom Rel L; rpld §417, add Art 5-D §§582 - 587, amd §§516-a & 413, Fam Ct Act; amd §4135-b, Pub Health L
 
Establishes confirmatory adoptions providing for the adoption of children born as a result of assisted reproduction; allows for more than two persons to be named parents of a child; establishes presumed parentage and provides for the challenge and adjudication thereof; repeals certain provisions relating thereto.
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S09748 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9748
 
                    IN SENATE
 
                                      April 2, 2026
                                       ___________
 
        Introduced  by  Sen.  COONEY -- read twice and ordered printed, and when
          printed to be committed to the Committee on Children and Families
 
        AN ACT to amend the domestic relations law, the family court act and the
          public health law, in relation to establishing confirmatory  adoptions
          and  allowing  courts to grant multi-parent adoption petitions; and to
          repeal certain provisions of the domestic relations law and the family
          court act relating thereto
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Section  109  of the domestic relations law is amended by
     2  adding five new subdivisions 8, 9, 10, 11 and 12 to read as follows:
     3    8. "Assisted reproduction" shall have the same meaning as  in  section
     4  581-102 of the family court act.
     5    9.  "Donor"  shall  have the same meaning as in section 581-102 of the
     6  family court act.
     7    10. "Marriage" shall have the same meaning as in section five  hundred
     8  eighty-two of the family court act.
     9    11.  "Parent" shall have the same meaning as in section 581-102 of the
    10  family court act.
    11    12. "Presumed parent" shall have the same meaning as in  section  five
    12  hundred eighty-two of the family court act.
    13    §  2. Section 110 of the domestic relations law, as amended by chapter
    14  254 of the laws of 1991, the opening paragraph as amended by chapter 509
    15  of the laws of 2010, the seventh  undesignated  paragraph  as  added  by
    16  chapter  522  of  the laws of 1999 and the closing paragraph as added by
    17  chapter 258 of the laws of 2019, is amended to read as follows:
    18    § 110. Who may adopt; effect of article.  An adult  unmarried  person,
    19  an adult married couple together, or any [two] unmarried [adult intimate
    20  partners] adults who intend to parent together may adopt another person.
    21  An  adult  married  person who is living separate and apart from [his or
    22  her] their spouse pursuant to a decree  or  judgment  of  separation  or
    23  pursuant  to a written agreement of separation subscribed by the parties
    24  thereto and acknowledged or proved in the form  required  to  entitle  a
    25  deed to be recorded or an adult married person who has been living sepa-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08775-05-6

        S. 9748                             2
 
     1  rate  and  apart from [his or her] their spouse for at least three years
     2  prior to commencing an adoption proceeding  may  adopt  another  person;
     3  provided,  however,  that  the person so adopted shall not be deemed the
     4  child  or  step-child  of  the  non-adopting  spouse for the purposes of
     5  inheritance or support rights or obligations or for any other  purposes.
     6  An adult or minor married couple together may adopt a child of either of
     7  them  [born in or out of wedlock] and an adult or minor spouse may adopt
     8  such a child of the other spouse. No person shall hereafter  be  adopted
     9  except  in  pursuance  of  this  article, and in conformity with section
    10  three hundred seventy-three of the social services law.
    11    An adult married person who has executed a legally  enforceable  sepa-
    12  ration  agreement or is a party to a marriage in which a valid decree of
    13  separation has been entered or has been living separate and  apart  from
    14  [his  or  her] their spouse for at least three years prior to commencing
    15  an adoption proceeding and who becomes or has been the  custodian  of  a
    16  child  placed in their care as a result of court ordered foster care may
    17  apply to such authorized agency for placement of said  child  with  them
    18  for  the  purpose  of  adoption. Final determination of the propriety of
    19  said adoption of such foster child, however, shall be  within  the  sole
    20  discretion of the court, as otherwise provided herein.
    21    Adoption is the legal proceeding whereby a person takes another person
    22  into  the  relation  of child and thereby acquires the rights and incurs
    23  the responsibilities of parent in respect of such other person.
    24    A proceeding conducted in pursuance of this article shall constitute a
    25  judicial proceeding. An order of adoption or abrogation made therein  by
    26  a  surrogate  or by a judge shall have the force and effect of and shall
    27  be entitled to all the presumptions attaching to a judgment rendered  by
    28  a court of general jurisdiction in a common law action.
    29    No  adoption heretofore lawfully made shall be abrogated by the enact-
    30  ment of this article. All such adoptions shall have the effect of lawful
    31  adoptions hereunder.
    32    Nothing in this article in regard to a minor adopted  pursuant  hereto
    33  inheriting from the adoptive parent applies to any will, devise or trust
    34  made  or  created  before  June  twenty-fifth, eighteen hundred seventy-
    35  three, nor alters, changes or  interferes  with  such  will,  devise  or
    36  trust.  As to any such will, devise or trust a minor adopted before that
    37  date is not an heir so as to alter estates or trusts or devises in wills
    38  so made or created. Nothing in  this  article  in  regard  to  an  adult
    39  adopted  pursuant  hereto inheriting from the adoptive parent applies to
    40  any will, devise or trust made or created  before  April  twenty-second,
    41  nineteen  hundred  fifteen,  nor alters, changes or interferes with such
    42  will, devise or trust. As to any such will, devise or trust an adult  so
    43  adopted  is  not  an heir so as to alter estates or trusts or devises in
    44  wills so made or created.
    45    It shall be unlawful to preclude  a  prospective  adoptive  parent  or
    46  parents solely on the basis that the adoptor or adopters has had, or has
    47  cancer, or any other disease. Nothing herein shall prevent the rejection
    48  of  a prospective applicant based upon [his or her] their poor health or
    49  limited life expectancy.
    50    A petition to adopt, pursuant to the terms of this article, where  the
    51  petitioner's  parentage  is  legally-recognized under New York State law
    52  shall not be denied solely on the basis that the petitioner's  parentage
    53  is already legally-recognized.
    54    §  3.  Article  7 of the domestic relations law is amended by adding a
    55  new title 5 to read as follows:

        S. 9748                             3
 
     1                                    TITLE V
     2                           CONFIRMATORY ADOPTIONS
     3  Section 118. General provisions relating to confirmatory adoption.
     4          119. Order of confirmatory adoption.
     5          120. Effect of confirmatory adoption.
     6    § 118. General  provisions relating to confirmatory adoption. 1. When-
     7  ever a child is born as a result of assisted reproduction and the person
     8  or persons who did not give birth is a parent under section  581-303  of
     9  the  family  court  act  or a presumed parent of the child under section
    10  five hundred eighty-three of the family court act and the  parents  seek
    11  to  file  a  petition  to  confirm  parentage through an adoption of the
    12  child, the court shall  permit  the  parents  to  file  a  petition  for
    13  adoption in accordance with this title.
    14    2.  Notwithstanding section one hundred fifteen of this article or any
    15  provision of law to the contrary, a petition for  confirmatory  adoption
    16  shall  be  signed  by  each  petitioner under oath and shall include the
    17  following:
    18    (a) A petition for confirmatory adoption, signed by  all  petitioners;
    19  and
    20    (b)  A  copy  of  the petitioners' marriage certificate, if any of the
    21  petitioners are married; and
    22    (c) A declaration signed by all  petitioners  explaining  the  circum-
    23  stances of the child's birth through assisted reproduction, attesting to
    24  their  consent to assisted reproduction, and attesting that no competing
    25  claims of parentage exist; and
    26    (d) A certified copy of the child's birth certificate.
    27    3. Notwithstanding section one hundred fifteen of this article or  any
    28  provision  of  law  to  the  contrary, submission of a complete petition
    29  under this section constitutes notice of  and  written  consent  to  the
    30  confirmatory  adoption  and  the  court  may  not require any additional
    31  notice to or consent by any petitioner.
    32    4. Notwithstanding sections one hundred eleven, one hundred  eleven-a,
    33  one  hundred  fifteen,  and one hundred fifteen-b of this article or any
    34  provision of law to the contrary, if a  petitioner  under  this  section
    35  conceived  through  assisted  reproduction  using  a  donor who is not a
    36  parent pursuant to section 581-302 of the family court  act,  the  court
    37  may not require notice of the confirmatory adoption to that donor or the
    38  consent of that donor to the confirmatory adoption.
    39    5.  Unless  otherwise  ordered  by  the court for good cause shown and
    40  supported by written findings of the court demonstrating good cause, for
    41  purposes of evaluating and granting a petition for confirmatory adoption
    42  pursuant to this section, the court shall not require:
    43    (a) A hearing or appearance; or
    44    (b) Certification pursuant to section one hundred  fifteen-d  of  this
    45  article  or  any of the requirements included therein, including but not
    46  limited to an investigation or criminal background check; or
    47    (c) Orders of investigation, waiting periods, or  any  other  require-
    48  ments included in section one hundred sixteen of this article; or
    49    (d)  A  best interest assessment pursuant to section one hundred four-
    50  teen or one hundred sixteen of this article; or
    51    (e) A minimum residency period in the home of the petitioners.
    52    § 119. Order of confirmatory adoption. 1. The court  shall  grant  the
    53  confirmatory  adoption  petition  under  section one hundred eighteen of
    54  this title and issue an adoption decree within thirty days upon  finding
    55  that either:

        S. 9748                             4
 
     1    (a) The child was born through assisted reproduction to parents joined
     2  in  marriage,  one of the petitioners gave birth to the child, and there
     3  are no competing claims of parentage; or
     4    (b)  The child was born through assisted reproduction with the consent
     5  of all petitioners, one of the petitioners gave birth to the child,  and
     6  the other petitioner or petitioners are parents under section 581-303 of
     7  the family court act or presumed parents of the child under section five
     8  hundred eighty-three of the family court act, and there are no competing
     9  claims of parentage.
    10    2.  A  petition to adopt a child pursuant to section one hundred eigh-
    11  teen of this title shall not be denied on the  basis  that  any  of  the
    12  petitioners'  parentage is already presumed or legally-recognized in New
    13  York, nor shall a petition be denied on the basis that  there  are  more
    14  than two petitioners.
    15    § 120. Effect  of  confirmatory  adoption. 1. An order of confirmatory
    16  adoption shall include all effects of adoption under section one hundred
    17  seventeen of this article except that the termination  of  the  parental
    18  duties and responsibilities, and rights over the child or to property by
    19  descent  or  succession of an existing parent or parents shall not apply
    20  if such termination would be inconsistent with the order of confirmatory
    21  adoption.
    22    2. When parentage is presumed or legally-recognized under  state  law,
    23  the fact that a party did not petition for adoption shall not be consid-
    24  ered  as  evidence when two or more presumptions conflict, nor in deter-
    25  mining the best interest of the child.
    26    § 4. Subdivision (a) of section 70 of the domestic relations  law,  as
    27  amended  by  chapter  457  of  the  laws  of 1988, is amended to read as
    28  follows:
    29    (a) Where a minor child is residing within this  state,  [either]  any
    30  parent  may  apply  to  the supreme court for a writ of habeas corpus to
    31  have such minor child brought before such court; and on the return ther-
    32  eof, the court, on due consideration, may award  the  natural  guardian-
    33  ship,  charge  and custody of such child to [either] any parent for such
    34  time, under such regulations and restrictions, and with such  provisions
    35  and  directions, as the case may require, and may at any time thereafter
    36  vacate or modify such order. In all cases there shall be no prima  facie
    37  right  to the custody of the child in [either] any parent, but the court
    38  shall determine solely what is for the best interest of the child, based
    39  on factors listed in paragraphs one, two, three and four of  subdivision
    40  (a) of section five hundred eighty-six of the family court act, and what
    41  will  best  promote  [its]  the  child's welfare and happiness, and make
    42  award accordingly.  Where a court deems it to be  in  the  child's  best
    43  interest, based on factors listed in paragraphs one, two, three and four
    44  of  subdivision  (a)  of  section  five hundred eighty-six of the family
    45  court act, the court may award custody to more than two parents.
    46    § 5. Section 24 of the domestic relations law is REPEALED.
    47    § 6. Section 417 of the family court act is REPEALED.
    48    § 7. The family court act is amended by adding a new  article  5-D  to
    49  read as follows:
    50                                  ARTICLE 5-D
    51                             PRESUMED PARENTAGE
    52  Section 582. Definitions.
    53          583. Presumption of parentage.
    54          584. Challenge to a presumed parent.
    55          585. Adjudicating parentage of child with presumed parent.
    56          586. Adjudicating competing claims of parentage.

        S. 9748                             5

     1          587. Preservation of parent-child relationship.
     2    § 582. Definitions. In this article:
     3    (a) "Marriage" means the legally recognized union of two people or any
     4  legal  relationship  between  two people that provides substantially the
     5  same rights, benefits, and responsibilities of marriage  and  is  recog-
     6  nized  as  valid  in  the state or jurisdiction in which it was entered,
     7  including, but not limited to, civil unions.
     8    (b) "Parent" shall have the same meaning as in section 581-102 of this
     9  act.
    10    (c) "Presumed parent" means an individual who  under  section  583  of
    11  this  act  is presumed to be a parent of a child, unless the presumption
    12  is overcome in a judicial proceeding, or a court adjudicates  the  indi-
    13  vidual to be a parent.
    14    § 583. Presumption of parentage. (a) An individual is presumed to be a
    15  parent of a child if:
    16    (1) Except as otherwise provided under section 581-406 of this act:
    17    (i)  the  individual  and  the  person who gave birth to the child are
    18  married to each other and the child is born during the marriage, regard-
    19  less of whether the marriage is or could be declared invalid; or
    20    (ii) the individual and the person who gave birth to  the  child  were
    21  married to each other and the child is born not later than three hundred
    22  days  after  the  marriage is terminated by death, divorce, dissolution,
    23  annulment, or declaration  of  invalidity,  regardless  of  whether  the
    24  marriage is or could be declared invalid; or
    25    (iii)  the  individual  and  the  person  who  gave birth to the child
    26  married each other after the birth of the child, regardless  of  whether
    27  the marriage is or could be declared invalid, the individual at any time
    28  asserted parentage of the child, and:
    29    (A)  The  assertion  is  in a record filed with a state or city agency
    30  maintaining birth records; or
    31    (B) The individual agreed to be and is named as a parent of the  child
    32  on the birth certificate of the child; or
    33    (iv)  the  individual resided in the same household with the child and
    34  openly held out the child as the individual's own child for a period  of
    35  at least one year, including any period of temporary absence.
    36    (b) A presumption of parentage under this section may be overcome, and
    37  competing  claims  to  parentage may be resolved only by an adjudication
    38  under section five hundred eighty-four or  five  hundred  eighty-six  of
    39  this article.
    40    §  584.  Challenge to a presumed parent. During a child's minority, an
    41  existing parent of the child may challenge a  presumption  of  parentage
    42  under  subparagraph  (iv) of paragraph one of subdivision (a) of section
    43  five hundred eighty-three of this article with evidence that the  parent
    44  openly  held  out  the  child  as  the presumptive parent's child due to
    45  duress, coercion, or threat of harm.
    46    § 585. Adjudicating parentage of child with  presumed  parent.  (a)  A
    47  civil  proceeding  may  be  maintained  to adjudicate the parentage of a
    48  child under the circumstances set forth in this article. This proceeding
    49  shall be governed by the civil practice law and rules.
    50    (b) A proceeding to adjudicate parentage of a  presumed  parent  of  a
    51  child shall be commenced before the child turns twenty-one years old.
    52    (c)  A petition for a judgment of parentage or nonparentage of a child
    53  with a presumed parent may be initiated by:
    54    (1) a child, who may be, but is not required to be,  a  party  to  the
    55  proceeding; or
    56    (2) a parent; or

        S. 9748                             6
 
     1    (3) a presumed parent.
     2    (d)  If the presumed parent and the person who gave birth to the child
     3  are the only individuals with claims to parentage of the child,  and  if
     4  no party to the proceeding challenges the presumed parent's parentage of
     5  the child, the court shall adjudicate the presumed parent to be a parent
     6  of the child.
     7    (e)  If  any  party  to  the  proceeding challenges the presumption of
     8  parentage pursuant to section five hundred eighty-four of this  article,
     9  the court shall adjudicate the parentage of the child in the best inter-
    10  est  of  the  child  based on the factors listed in paragraphs one, two,
    11  three and four of subdivision (a) of section five hundred eighty-six  of
    12  this article.
    13    (f)  If in a proceeding to adjudicate a presumed parent's parentage of
    14  a child, another individual in addition to the person who gave birth  to
    15  the  child  asserts  a  claim to parentage of the child, the court shall
    16  adjudicate parentage under sections five  hundred  eighty-six  and  five
    17  hundred  eighty-seven  of  this article and issue judgments of parentage
    18  and/or nonparentage in accordance with its findings.
    19    § 586. Adjudicating competing claims of parentage. (a) In a proceeding
    20  to adjudicate competing claims of parentage of a child by  two  or  more
    21  individuals,  the  court shall adjudicate parentage in the best interest
    22  of the child, based on:
    23    (1) the age of the child; and
    24    (2) the length of time during which each individual assumed  the  role
    25  of parent of the child; and
    26    (3) the nature of the relationship between the child and each individ-
    27  ual; and
    28    (4)  the  harm  to the child if the relationship between the child and
    29  each individual is not recognized; and
    30    (5) the basis for each individual's claim to parentage of  the  child;
    31  and
    32    (6)  other  equitable  factors  arising  from  the  disruption  of the
    33  relationship between the child and each individual or the likelihood  of
    34  other harm to the child.
    35    §  587.  Preservation  of  parent-child  relationship. (a) A court may
    36  adjudicate a child to have more than two parents if the court finds that
    37  such adjudication is in the best interest of the child. A finding of the
    38  best interest of the child shall not require a finding of  unfitness  of
    39  any  parent or person seeking an adjudication of parentage. In determin-
    40  ing the best interest of the child, the court shall consider  all  rele-
    41  vant factors, including factors listed in paragraphs one, two, three and
    42  four of subdivision (a) of section five hundred eighty-six of this arti-
    43  cle, and the intention of parents to raise a child together, including a
    44  pre-conception  agreement  to parent or agreement to parent at any other
    45  point in the child's life.
    46    (b) If a court has adjudicated a child to have more than two  parents,
    47  the  law  of this state other than this act applies to determinations of
    48  legal and physical custody of, or visitation with, such  child,  and  to
    49  obligations  to  support such child.   A court of competent jurisdiction
    50  shall consider the child support guidelines and the  criteria  for  such
    51  awards  established  in  section  two  hundred  forty-b  of the domestic
    52  relations law and section four hundred thirteen of this act in making or
    53  modifying orders of support of the child.
    54    § 8. Subdivision (c) of section 516-a of  the  family  court  act,  as
    55  amended  by  section  15 of part L of chapter 56 of the laws of 2020, is
    56  amended to read as follows:

        S. 9748                             7
 
     1    (c) An acknowledgment of parentage is void if, at the time of signing,
     2  any of the following are true:
     3    (i)  a  person  other than the signatories is a presumed parent of the
     4  child pursuant to [section twenty-four of the  domestic  relations  law]
     5  section five hundred eighty-three of this act;
     6    (ii) a court has entered a judgment of parentage of the child;
     7    (iii)  another  person  has signed a valid acknowledgment of parentage
     8  with regard to the child;
     9    (iv) the child has a parent pursuant to section 581-303 of [the family
    10  court] this act other than the signatories;
    11    (v) a signatory is a gamete donor under section 581-302 of [the family
    12  court] this act; or
    13    (vi) the acknowledgment is signed by a person who  asserts  that  they
    14  are  a  parent under section 581-303 of [the family court] this act of a
    15  child conceived through assisted reproduction, but  the  child  was  not
    16  conceived through assisted reproduction.
    17    §  9.  Paragraph  (d) of subdivision 1 of section 4135-b of the public
    18  health law, as added by section 8 of part L of chapter 56 of the laws of
    19  2020, is amended to read as follows:
    20    (d) An acknowledgment of parentage is void if, at the time of signing,
    21  any of the following are true:
    22    (i) A person other than the signatories is a presumed  parent  of  the
    23  child  under [section twenty-four of the domestic relations law] section
    24  five hundred eighty-three of the family court act;
    25    (ii) A court has entered a judgment of parentage of the child;
    26    (iii) Another person has signed a valid  acknowledgment  of  parentage
    27  with regard to the child;
    28    (iv)  The child has a parent under section 581-303 of the family court
    29  act other than the signatories;
    30    (v) A signatory is a gamete donor under section 581-302 of the  family
    31  court act;
    32    (vi)  The  acknowledgment  is signed by a person who asserts that they
    33  are a parent under section 581-303 of the family court act  of  a  child
    34  conceived through assisted reproduction, but the child was not conceived
    35  through assisted reproduction.
    36    §  10.  Subparagraphs  2  and  4  of paragraph (b) of subdivision 1 of
    37  section 413 of the family court act, as amended by chapter  567  of  the
    38  laws of 1989, are amended to read as follows:
    39    (2)  "Child  support"  shall  mean  a sum to be paid pursuant to court
    40  order or decree by [either or both] one or more parents or pursuant to a
    41  valid agreement between the parties for care, maintenance and  education
    42  of any unemancipated child under the age of twenty-one years.
    43    (4)  "Combined  parental  income"  shall mean the sum of the income of
    44  [both] all parents.
    45    § 11. Clause (vi) of subparagraph 5 of paragraph (c) of subdivision  1
    46  of  section  413 of the family court act, as added by chapter 215 of the
    47  laws of 2009, is amended to read as follows:
    48    (vi) Upon proof by [either] any party that cash medical support pursu-
    49  ant to clause (ii), (iii), (iv) or (v) of  this  subparagraph  would  be
    50  unjust  or inappropriate pursuant to paragraph (f) of subdivision one of
    51  this section, the court shall:
    52    (A) order the parties to pay cash medical support as the  court  finds
    53  just and appropriate, considering the best interests of the child; and
    54    (B)  set  forth  in  the  order  the factors it considered, the amount
    55  calculated under this subparagraph, the reason or reasons the court  did
    56  not order such amount, and the basis for the amount awarded.

        S. 9748                             8
 
     1    §  12.  Subparagraphs  6  and  7  of paragraph (f) of subdivision 1 of
     2  section 413 of the family court act, as amended by chapter  567  of  the
     3  laws of 1989, are amended to read as follows:
     4    (6) The educational needs of [either] any parent;
     5    (7)  A  determination  that  the gross income of one or more parent is
     6  substantially less than [the other] another parent's gross income;
     7    § 13. Paragraphs (g), (i) and (j) of subdivision 1 of section  413  of
     8  the  family  court act, paragraphs (g) and (i) as amended by chapter 436
     9  of the laws of 2011 and paragraph (j) as amended by chapter  59  of  the
    10  laws of 1993, are amended to read as follows:
    11    (g)  Where  the  court  finds that the non-custodial parent's pro rata
    12  share of the basic child support obligation is unjust or  inappropriate,
    13  the  court  shall  order  the non-custodial parent to pay such amount of
    14  child support as the court finds just and  appropriate,  and  the  court
    15  shall  set  forth,  in  a  written order, the factors it considered; the
    16  amount of each party's pro rata share of the basic child  support  obli-
    17  gation;  and  the  reasons  that the court did not order the basic child
    18  support obligation. Such written order may not be waived by [either] any
    19  party or counsel;  provided,  however,  and  notwithstanding  any  other
    20  provision  of  law,  including  but  not limited to section four hundred
    21  fifteen of this part, the court shall not find  that  the  non-custodial
    22  parent's pro rata share of such obligation is unjust or inappropriate on
    23  the  basis  that  such  share exceeds the portion of a public assistance
    24  grant which is attributable to a child or children. Where the non-custo-
    25  dial parent's income is less than or equal to the poverty income  guide-
    26  lines  amount  for a single person as reported by the federal department
    27  of health and human services, unpaid child support arrears in excess  of
    28  five hundred dollars shall not accrue.
    29    (i)  Where  [either or both] any of the parties are unrepresented, the
    30  court shall not enter an order or judgment other than a temporary  order
    31  pursuant  to  section two hundred thirty-seven of the domestic relations
    32  law, that includes a provision for child  support  unless  the  unrepre-
    33  sented party or parties have received a copy of the child support stand-
    34  ards  chart  promulgated  by the commissioner of the office of temporary
    35  and disability assistance pursuant to subdivision  two  of  section  one
    36  hundred eleven-i of the social services law. Where [either] any party is
    37  in  receipt  of  child  support  enforcement  services through the local
    38  social services district,  the  local  social  services  district  child
    39  support  enforcement  unit  shall  advise  such  party or parties of the
    40  amount derived from application of the child support percentage and that
    41  such amount serves as a starting point  for  the  determination  of  the
    42  child support award, and shall provide such party or parties with a copy
    43  of the child support standards chart.
    44    (j)  In  addition  to  financial  disclosure  required in section four
    45  hundred twenty-four-a of this article, the court may  require  that  the
    46  income and/or expenses of [either] any party be verified with documenta-
    47  tion including, but not limited to, past and present income tax returns,
    48  employer  statements,  pay  stubs,  corporate,  business, or partnership
    49  books and records, corporate and business tax returns, and receipts  for
    50  expenses  or  such  other  means of verification as the court determines
    51  appropriate. Nothing herein shall affect any  party's  right  to  pursue
    52  discovery pursuant to this chapter, the civil practice law and rules, or
    53  the family court act.
    54    §  14.  Paragraph  a  and  the opening paragraph and subparagraph 1 of
    55  paragraph b of subdivision 3 of section 413 of the family court act,  as

        S. 9748                             9
 
     1  amended  by  chapter  398  of  the  laws of 1997, are amended to read as
     2  follows:
     3    a. One-time adjustment of child support orders issued prior to Septem-
     4  ber  fifteenth,  nineteen  hundred  eighty-nine.  Any  party  to a child
     5  support order issued prior  to  September  fifteenth,  nineteen  hundred
     6  eighty-nine  on the behalf of a child in receipt of public assistance or
     7  child support services pursuant to section one hundred eleven-g  of  the
     8  social  services law may request that the support collection unit under-
     9  take one review of the order for adjustment purposes pursuant to section
    10  one hundred eleven-h of the  social  services  law.  A  hearing  on  the
    11  adjustment of such order shall be granted upon the objection of [either]
    12  any  party pursuant to the provisions of this section. An order shall be
    13  adjusted if as of the date of the support collection  unit's  review  of
    14  the  correct  amount  of  child  support  as  calculated pursuant to the
    15  provisions of this section would deviate by at least  ten  percent  from
    16  the  child  support  ordered  in the last permanent support order of the
    17  court. Additionally, a new support order shall be issued upon a  showing
    18  that  the  current order of support does not provide for the health care
    19  needs of the child through insurance or otherwise.  Eligibility  of  the
    20  child  for  medical  assistance  shall  not  relieve  any obligation the
    21  parties otherwise have to provide for  the  health  care  needs  of  the
    22  child.  The  support  collection  unit's review of a child support order
    23  shall be made on notice to all parties to the current support order  and
    24  shall be subject to the provisions of section four hundred twenty-four-a
    25  of  this  article.  Nothing  herein shall be deemed in any way to limit,
    26  restrict, expand or impair the rights of any party to file for a modifi-
    27  cation of a child support order as is otherwise provided by law.
    28    Upon receipt of an adjustment finding and where appropriate a proposed
    29  order in conformity with such finding filed by [either] any party or  by
    30  the  support  collection  unit, a party shall have thirty-five days from
    31  the date of mailing of the  adjustment  finding  and  proposed  adjusted
    32  order,  if any, to submit to the court identified thereon specific writ-
    33  ten objections to such finding and proposed order.
    34    (1) If specific written objections are submitted by [either] any party
    35  or by the support collection unit, a hearing shall be scheduled  by  the
    36  court  on  notice  to  the  parties and the support collection unit, who
    37  shall have the right to be heard by the court and to offer  evidence  in
    38  support of or in opposition to adjustment of the support order.
    39    § 15. This act shall take effect immediately.
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