Section 4135-B. Voluntary acknowledgments of paternity; child born out of wedlock

1. (a) Immediately preceding or following the in-hospital birth
  of a child to an unmarried woman, the person in charge of such  hospital
  or  his  or  her  designated representative shall provide to the child's
  mother and putative father, if such father is readily  identifiable  and
  available,  the  documents  and  written instructions necessary for such
  mother and putative father to complete an  acknowledgment  of  paternity
  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.  Nothing  herein  shall  be  deemed to require the person in
  charge of such hospital or his or her designee to seek out or  otherwise
  locate  a  putative father who is not readily identifiable or available.
  The  acknowledgment  shall  be  executed  on  a  form  provided  by  the
  commissioner developed in consultation with the appropriate commissioner
  of  the  department of family assistance, which shall include the social
  security number of the mother and of the putative father and provide  in
  plain  language  (i)  a  statement  by  the  mother  consenting  to  the
  acknowledgment of paternity and a statement that the putative father  is
  the  only  possible father, (ii) a statement by the putative father that
  he is the biological father of the child, and (iii) a statement that the
  signing of the acknowledgment of paternity by both  parties  shall  have
  the same force and effect as an order of filiation entered after a court
  hearing by a court of competent jurisdiction, including an obligation to
  provide  support  for  the  child  except  that,  only if filed with the
  registrar of the district in which the birth certificate has been filed,
  will the acknowledgment have such  force  and  effect  with  respect  to
  inheritance  rights.  Prior  to  the  execution  of an acknowledgment of
  paternity, the mother and the putative father shall be provided  orally,
  which may be through the use of audio or video equipment, and in writing
  with  such  information  as  is  required  pursuant to this section with
  respect to their rights and the  consequences  of  signing  a  voluntary
  acknowledgment  of  paternity  including,  but  not limited to, that the
  signing of the acknowledgment of paternity shall establish the paternity
  of the child and shall have the same force and effect  as  an  order  of
  paternity  or  filiation  issued  by  a  court of competent jurisdiction
  establishing the duty of both parties to provide support for the  child;
  that  if  such an acknowledgment is not made, the putative father can be
  held liable for support only if the family court, after a hearing, makes
  an order declaring that the putative father is the father of  the  child
  whereupon  the  court  may  make  an  order  of  support  which  may  be
  retroactive to the birth of the child; that if made a  respondent  in  a
  proceeding  to  establish  paternity  the putative father has a right to
  free legal representation if indigent; that the putative  father  has  a
  right  to a genetic marker test or to a DNA test when available; that by
  executing the acknowledgment, the putative father waives his right to  a
  hearing,  to  which  he  would  otherwise  be  entitled, on the issue of
  paternity; that a copy of the acknowledgment of paternity shall be filed
  with the putative father registry  pursuant  to  section  three  hundred
  seventy-two-c  of  the  social  services  law,  and that such filing may
  establish the child's right to  inheritance  from  the  putative  father
  pursuant  to  clause (B) of subparagraph two of paragraph (a) of section
  4-1.2  of  the  estates,  powers  and  trusts   law;   that,   if   such
  acknowledgment  is filed with the registrar of the district in which the
  birth certificate has been filed,  such  acknowledgment  will  establish
  inheritance  rights  from  the putative father pursuant to clause (A) of
  subparagraph two of paragraph (a)  of  section  4-1.2  of  the  estates,

  powers  and  trusts  law;  that  no  further  judicial or administrative
  proceedings are required to  ratio  an  unchallenged  acknowledgment  of
  paternity  provided,  however,  that  both  the  putative father and the
  mother  of the child have the right to rescind the acknowledgment within
  the earlier of sixty days from the date of signing the acknowledgment or
  the date of an administrative or  a  judicial  proceeding  (including  a
  proceeding  to establish a support order) relating to the child in which
  either signatory is a party; that the "date of an  administrative  or  a
  judicial  proceeding"  shall  be  the  date  by  which the respondent is
  required to answer the petition; that after the expiration of sixty days
  of the execution of the acknowledgment, either signatory  may  challenge
  the  acknowledgment  of  paternity  in court only on the basis of fraud,
  duress, or material mistake of fact, with the burden  of  proof  on  the
  party  challenging  the  voluntary acknowledgment; that they may wish to
  consult with an attorney before executing the acknowledgment;  and  that
  they have the right to seek legal representation and supportive services
  including   counseling   regarding   such   acknowledgment;   that   the
  acknowledgment of paternity may be the basis  for  the  putative  father
  establishing  custody  and  visitation  rights  to  the  child;  if  the
  acknowledgment is signed, it may be the basis for requiring the putative
  father's consent prior to an adoption proceeding; the  mother's  refusal
  to sign the acknowledgment shall not be deemed a failure to cooperate in
  establishing  paternity  for  the child; and the child may bear the last
  name of either parent, which name shall not affect the legal  status  of
  the child. In addition, the governing body of such hospital shall insure
  that  appropriate staff shall provide to the child's mother and putative
  father,  prior  to  the  mother's  discharge  from  the  hospital,   the
  opportunity   to   speak   with  hospital  staff  to  obtain  clarifying
  information   and   answers   to   their   questions   about   paternity
  establishment,  and shall also provide the telephone number of the local
  support collection unit.
    (b) Within ten days after receiving  the  certificate  of  birth,  the
  registrar shall furnish without charge to each parent or guardian of the
  child  or  to  the  mother  at  the  address  designated by her for that
  purpose,  a  certified  copy  of  the  certificate  of  birth  and,   if
  applicable, a certified copy of the written acknowledgment of paternity.
  If  the  mother  is  in  receipt  of  child support enforcement services
  pursuant to title six-A of article three of the social services law, the
  registrar also shall furnish without charge  a  certified  copy  of  the
  certificate of birth and, if applicable, a certified copy of the written
  acknowledgment  of  paternity  to  the  social  services district of the
  county within which the mother resides.
    2. (a) When a child's paternity is acknowledged  voluntarily  pursuant
  to  section  one hundred eleven-k of the social services law, the social
  services official  shall  file  the  executed  acknowledgment  with  the
  registrar  of  the district in which the birth occurred and in which the
  birth certificate  has been filed.
    (b) Where a child's paternity has not  been  acknowledged  voluntarily
  pursuant  to  paragraph  (a)  of  subdivision  one  of  this  section or
  paragraph (a) of this subdivision, the child's mother and  the  putative
  father  may voluntarily acknowledge a child's paternity pursuant to this
  paragraph by signing the acknowledgment of paternity provided,  however,
  that both the putative father and the mother of the child have the right
  to  rescind the acknowledgment within the earlier of sixty days from the
  date of signing the acknowledgment or the date of an administrative or a
  judicial proceeding (including  a  proceeding  to  establish  a  support
  order)  relating to the child in which either signatory is a party; that
  for purposes of this section,  the  "date  of  an  administrative  or  a

  judicial  proceeding"  shall  be  the  date  by  which the respondent is
  required to answer the petition; that after the expiration of sixty days
  of the execution of the acknowledgment, either  signator  may  challenge
  the  acknowledgment  of  paternity  in court only on the basis of fraud,
  duress, or material mistake of fact, with the burden  of  proof  on  the
  party challenging the voluntary acknowledgment. The acknowledgment shall
  have full force and effect once so signed. The original or a copy of the
  acknowledgement  shall  be  filed  with the registrar of the district in
  which the birth certificate has been filed.
    3. (a) An acknowledgment of  paternity  executed  by  the  mother  and
  father of a child born out of wedlock shall establish the paternity of a
  child  and shall have the same force and effect as an order of paternity
  or  filiation  issued  by  a  court  of  competent  jurisdiction.   Such
  acknowledgement shall thereafter be filed with the registrar pursuant to
  subdivision one or two of this section.
    (b)  A  registrar  with  whom  an acknowledgment of paternity has been
  filed pursuant to subdivision one or two of this section shall file  the
  acknowledgment  with  the  state  department  of health and the putative
  father registry.
    4. A new certificate of birth shall be issued if  the  certificate  of
  birth  of  a  child  born  out of wedlock as defined in paragraph (b) of
  subdivision one of section four thousand one hundred thirty-five of this
  article has been filed without entry of the name of the father, and  the
  commissioner thereafter receives a notarized acknowledgment of paternity
  accompanied  by the written consent of the putative father and mother to
  the entry of the name of such father, which consent may  also  be  to  a
  change in the surname of the child.