STATE OF NEW YORK
________________________________________________________________________
3571
2009-2010 Regular Sessions
IN ASSEMBLY
January 27, 2009
___________
Introduced by M. of A. PERRY -- Multi-Sponsored by -- M. of A. BING,
BOYLAND, COOK, DIAZ, GLICK, HOOPER, JOHN, PEOPLES, POWELL, TOWNS,
WRIGHT -- read once and referred to the Committee on Judiciary
AN ACT to amend the estates, powers and trusts law, in relation to
expanding the class of issue to include certain posthumously conceived
children
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The estates, powers and trusts law is amended by adding a
2 new section 4-1.3 to read as follows:
3 § 4-1.3 Posthumously conceived children
4 (a) For the purposes of this article:
5 (1) A child conceived posthumously within two years of the date of
6 death of his or her maternal progenitor shall be considered a non-mari-
7 tal child and the legitimate child of such maternal progenitor, who
8 shall be his or her mother for the purposes of intestate succession; and
9 such child may inherit from his or her mother and from his or her mater-
10 nal kindred, provided the provisions of paragraph (b) of this section
11 are established.
12 (2) A child conceived posthumously within two years of the date of
13 death of his or her paternal progenitor shall be considered a non-mari-
14 tal child and the legitimate child of such paternal progenitor, whom
15 shall be his or her father for the purposes of intestate succession; and
16 such child may inherit from his or her father and from his or her pater-
17 nal kindred, provided the provisions of paragraph (b) of this section
18 are established.
19 (b) In order to be granted the rights of a non-marital child to intes-
20 tate succession, a court of competent jurisdiction must establish the
21 following:
22 (1) The deceased progenitor signed an instrument during his or her
23 lifetime indicating his or her intent to parent the future child, and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02106-01-9
A. 3571 2
1 indicating his or her intent to provide support for such future child,
2 provided that such instrument is acknowledged or executed or proved in
3 the presence of one or more witnesses and acknowledged by such witness
4 or witnesses, in either case, before a notary public; and
5 (2) Paternity or maternity, of the deceased progenitor, is established
6 by clear and convincing evidence.
7 (c) Any and all rights, privileges and benefits granted a non-marital
8 child, as defined in section 4-1.2 of this part, including rights to any
9 support payments administered by a state department or agency, shall be
10 granted to a posthumously conceived child provided the requirements of
11 this section are met.
12 § 2. This act shall take effect on the one hundred twentieth day after
13 it shall have become a law. Effective immediately, the addition, amend-
14 ment and/or repeal of any rule or regulation necessary for the implemen-
15 tation of this act on its effective date is authorized and directed to
16 be made and completed on or before such effective date.
