STATE OF NEW YORK
________________________________________________________________________
4593
2011-2012 Regular Sessions
IN SENATE
April 13, 2011
___________
Introduced by Sen. BONACIC -- (at request of the Office of Court Admin-
istration) -- read twice and ordered printed, and when printed to be
committed to the Committee on Judiciary
AN ACT to amend the family court act, in relation to paternity testing
and adjudications in child protective proceedings in the family court
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 532 of the family court act is amended by adding a
2 new subdivision (d) to read as follows:
3 (d) In any proceeding in the family court, whether under this act or
4 under any other law, if there is an allegation or statement in a peti-
5 tion that a person is the father of a child, who is a subject of the
6 proceeding but paternity has not been established, the court may, upon
7 the consent of the alleged father and mother, make an order for the
8 alleged father, mother and child to submit to one or more genetic marker
9 or DNA tests, in accordance with the provisions of this section. Where
10 the mother or alleged father of the child does not consent to the test-
11 ing, the court may direct any party empowered under section five hundred
12 twenty-two of this article to file a verified petition under section
13 five hundred twenty-three of this article to establish paternity. If the
14 mother is not before the court, the court may nonetheless make an order
15 for genetic marker or DNA testing if the court finds that she has been
16 given notice and an opportunity to be heard. No such test shall be
17 ordered, however, upon a written finding by the court that it is not in
18 the best interests of the child on the basis of res judicata, equitable
19 estoppel, or the presumption of legitimacy of a child born to a married
20 woman.
21 § 2. Subdivisions (b) and (c) of section 564 of the family court act,
22 as added by chapter 440 of the laws of 1978, are amended to read as
23 follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10140-01-1
S. 4593 2
1 (b) The court may make such an order of filiation if (1) both parents
2 are before the court, and (2) the father waives both the filing of a
3 petition under section five hundred twenty-three of this [act] article
4 and the right to a hearing under section five hundred [thirty-three]
5 thirty-one of this [act] article, and (3) the court is satisfied as to
6 the paternity of the child from the testimony or sworn statements of the
7 parents or from the results of genetic testing performed in accordance
8 with section five hundred thirty-two of this article. If the mother is
9 not before the court, the court may make an order of filiation based
10 upon the results of genetic testing ordered pursuant to subdivision (d)
11 of section five hundred thirty-two of this article.
12 (c) The court may in any such proceeding in its discretion direct
13 either the mother or any other person empowered under section five
14 hundred twenty-two of this [act] article to file a verified petition
15 under section five hundred twenty-three of this [act] article. The court
16 may in any such proceeding, upon its own motion or upon the motion of
17 either parent or alleged parent or the child, direct the alleged father,
18 mother and child to submit to one or more genetic marker or DNA tests,
19 in accordance with the provisions of section five hundred thirty-two of
20 this article. No such test shall be ordered, however, upon a written
21 finding by the court that it is not in the best interests of the child
22 on the basis of res judicata, equitable estoppel, or the presumption of
23 legitimacy of a child born to a married woman.
24 § 3. Section 1035 of the family court act is amended by adding a new
25 subdivision (g) to read as follows:
26 (g) In any case in which paternity has not been established regarding
27 a child who is the subject of a petition under this article and an
28 alleged father is before the court, the court may direct genetic testing
29 in accordance with section five hundred thirty-two of this act, may
30 direct the filing of a paternity petition in accordance with section
31 five hundred twenty-three of this act or may adjudicate paternity pursu-
32 ant to section five hundred sixty-four of this act.
33 § 4. Subparagraph (viii) of paragraph 2 of subdivision (d) of section
34 1089 of the family court act is amended by adding a new clause (I) to
35 read as follows:
36 (I) In any case in which paternity has not been established regarding
37 a child who is the subject of a hearing under this article and an
38 alleged father is before the court, the court may direct genetic testing
39 in accordance with section five hundred thirty-two of this act, may
40 direct the filing of a paternity petition in accordance with section
41 five hundred twenty-three of this act or may adjudicate paternity pursu-
42 ant to section five hundred sixty-four of this act.
43 § 5. This act shall take effect immediately.
