Section 4135. Birth certificate; child born out of wedlock  


Latest version.
  • 1. (a) There
      shall be no specific statement on the birth certificate  as  to  whether
      the child is born in wedlock or out of wedlock or as to the marital name
      or status of the mother.
        (b)  The phrase "child born out of wedlock" when used in this article,
      refers to a child whose father is not its mother's husband.
        2. The name of the putative father of a  child  born  out  of  wedlock
      shall not be entered on the certificate of birth prior to filing without
      (i)  an  acknowledgment  of  paternity  pursuant  to section one hundred
      eleven-k of the social services law or section four thousand one hundred
      thirty-five-b of this article executed by both the mother  and  putative
      father,  and filed with the record of birth; or (ii) notification having
      been received by, or proper proof having been filed with, the record  of
      birth  by the clerk of a court of competent jurisdiction or the parents,
      or their attorneys of a judgment, order or decree relating to parentage.
        3. Orders relating to parentage shall  be  held  confidential  by  the
      commissioner  and  shall not be released or otherwise divulged except by
      order of a court of competent jurisdiction.