The Rights of Unmarried Parents - New York

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Definitions

Citation: Dom. Rel. Law § 111-a

Persons entitled to notice of an adoption proceeding shall include the following:

  • Any person adjudicated by a court in this State to be the other parent of the child
  • Any person adjudicated by a court of another State or territory of the United States to be the other parent of the child when a certified copy of the court order has been filed with the putative father registry
  • Any person who has timely filed an unrevoked notice of intent to claim parentage of the child, pursuant to § 372-c of the social services law
  • Any person who is recorded on the child's birth certificate as the child's other parent
  • Any person who is openly living with the child and the child's birth parent at the time the proceeding is initiated and who is holding themself out to be the child's other parent
  • Any person who has been identified as the child's other parent by the birth parent in a written, sworn statement
  • Any person who was married to the child's birth parent within 6 months after the birth of the child and prior to the execution of a surrender instrument or the initiation of a proceeding pursuant to § 384-b of the social services law
  • Any person who has filed with the putative father registry an instrument acknowledging parentage of the child

Use of Parentage Registries

Citation: Soc. Serv. Law § 372-c

The Department of Social Services shall establish a putative father registry that shall record the names and addresses of the following:

  • Any person adjudicated by a court of this State to be the parent of a child born out of wedlock
  • Any person who has filed with the registry, before or after the birth of a child out of wedlock, a notice of intent to claim parentage of the child
  • Any person adjudicated by a court of another State or territory of the United States to be the genetic parent of an out-of-wedlock child, where a certified copy of the court order has been filed with the registry by such person or any other person
  • Any person who has filed with the registry an instrument acknowledging parentage

An unrevoked notice of intent to claim parentage of a child may be introduced in evidence by any party, other than the person who filed such notice, in any proceeding in which such fact may be relevant.

Alternate Means to Establish Parentage

Citation: Pub. Health Law § 4135-b; Family Ct. Act § 532

Immediately preceding or following the in-hospital birth of a child to an unmarried person, the person in charge of such hospital shall provide to the unmarried person who gave birth to the child and the alleged genetic parent, if such alleged genetic parent is readily identifiable and available, the documents and written instructions necessary for such persons to complete an acknowledgment of parentage witnessed by two persons not related to the signatory.

Such acknowledgment, if signed by both parties, at any time following the birth of a child, shall be filed with the registrar at the same time at which the certificate of live birth is filed, if possible, or anytime thereafter.

The court on its own motion or the motion of any party shall order the birth parent, the child, and the alleged father to submit to one or more genetic marker or DNA tests to aid in the determination of whether the alleged genetic parent is or is not the genetic parent of the child. If the record or report of the results of any such genetic marker or DNA test or tests indicate at least a 95-percent probability of parentage, the admission of such record or report shall create a rebuttable presumption of parentage and shall establish, if unrebutted, the parentage of a child.

Required Information

Citation: Soc. Serv. Law § 372-c

A person filing a notice of intent to claim parentage of a child or an acknowledgment of parentage shall include therein their current address and shall notify the registry of any change of address pursuant to procedures prescribed by regulations of the department.

Revocation of Claim to Parentage

Citation: Soc. Serv. Law § 372-c

A person who has filed a notice of intent to claim parentage may at any time revoke a notice of intent to claim parentage previously filed and, upon receipt of such notification by the registry, the revoked notice of intent to claim parentage shall be deemed null and void.

Access to Information

Citation: Soc. Serv. Law § 372-c

The department shall, upon request, provide the names and addresses of persons listed with the registry to any court or authorized agency, and such information shall not be divulged to any other person, except upon order of a court for good cause shown.