Section 111-K. Procedures relating to acknowledgments of paternity, agreements to support, and genetic tests

1.    A  social  services
  official  or  his  or  her  designated representative who confers with a
  potential respondent or respondent,  hereinafter  referred  to  in  this
  section  as  the "respondent", the mother of a child born out of wedlock
  and any other  interested  persons,  pursuant  to  section  one  hundred
  eleven-c of this title, may obtain:
    (a)  an  acknowledgment  of  paternity  of a child, as provided for in
  article five-B or section five hundred sixteen-a  of  the  family  court
  act,  by a written statement, witnessed by two people not related to the
  signator or as  provided  for  in  section  four  thousand  one  hundred
  thirty-five-b  of  the public health law. Prior to the execution of such
  acknowledgment by the child's mother and the respondent, they  shall  be
  advised,  orally,  which  may  be  through  the  use  of  audio or video
  equipment, and in  writing,  of  the  consequences  of  making  such  an
  acknowledgment.  Upon  the  signing  of  an  acknowledgment of paternity
  pursuant to this section, the social services official  or  his  or  her
  representative   shall   file   the  original  acknowledgment  with  the
  registrar.
    (b) an agreement to make support payments as provided in section  four
  hundred  twenty-five  of the family court act. Prior to the execution of
  such agreement, the respondent shall be advised, orally,  which  may  be
  through  the  use  of  audio  or video equipment, and in writing, of the
  consequences of such agreement, that the respondent can be  held  liable
  for support only if the family court, after a hearing, makes an order of
  support;  that  respondent  has  a right to consult with an attorney and
  that the agreement will be submitted to the family  court  for  approval
  pursuant  to  section  four hundred twenty-five of the family court act;
  and that by executing the agreement, the respondent waives any right  to
  a hearing regarding any matter contained in such agreement.
    2.  (a)  When the paternity of a child is contested, a social services
  official or designated representative may order the mother,  the  child,
  and  the  alleged  father to submit to one or more genetic marker or DNA
  tests of a type generally acknowledged as reliable by  an  accreditation
  body designated by the secretary of the federal department of health and
  human  services  and  performed  by  a  laboratory  approved  by such an
  accreditation body and by the  commissioner  of  health  or  by  a  duly
  qualified  physician  to  aid in the determination of whether or not the
  alleged father is the father of the child.   The  order  may  be  issued
  prior  or  subsequent  to  the  filing  of  a petition with the court to
  establish paternity, shall be served on the parties by  certified  mail,
  and  shall  include a sworn statement which either (i) alleges paternity
  and sets forth  facts  establishing  a  reasonable  possibility  of  the
  requisite  sexual  contact between the parties, or (ii) denies paternity
  and sets forth facts establishing  a  reasonable  possibility  that  the
  party is not the father.  The parties shall not be required to submit to
  the  administration  and analysis of such tests if they sign a voluntary
  acknowledgment  of  paternity  in  accordance  with  paragraph  (a)   of
  subdivision  one of this section, or if there has been a written finding
  by the court that it is not in the best interests of the  child  on  the
  basis  of  res  judicata,  equitable  estoppel  or  the  presumption  of
  legitimacy of a child born to a married woman.
    (b) The record or report of the results of any such genetic marker  or
  DNA  test  may  be submitted to the family court as evidence pursuant to
  subdivision (e)  of  rule  forty-five  hundred  eighteen  of  the  civil
  practice  law  and  rules  where no timely objection in writing has been
  made thereto.

    (c) The cost of any test ordered pursuant to  this  section  shall  be
  paid  by the social services district provided however, that the alleged
  father shall reimburse the district for the cost of such  test  at  such
  time  as  the  alleged  father's paternity is established by a voluntary
  acknowledgment  of  paternity  or an order of filiation. If either party
  contests the results of genetic marker or DNA tests, an additional  test
  may  be ordered upon written request to the social services district and
  advance payment by the requesting party.
    (d) The parties shall be required to submit to such tests  and  appear
  at  any conference scheduled by the social services official or designee
  to discuss the notice of the allegation of paternity or to  discuss  the
  results  of  such  tests.   If the alleged father fails to appear at any
  such conference or fails to submit to such genetic marker or DNA  tests,
  the  social  services  official  or designee shall petition the court to
  establish paternity, provide the court with a copy  of  the  records  or
  reports  of  such  tests if any, and request the court to issue an order
  for temporary support pursuant to section five hundred forty-two of  the
  family court act.