New York Codes, Rules and Regulations
Title 18 - DEPARTMENT OF SOCIAL SERVICES
Chapter II - Regulations of the Department of Social Services
Subchapter A - General Welfare
Article 5 - Miscellaneous
Part 347 - Establishment of Parentage and Enforcement of Child Support
Section 347.6 - Establishment of parentage
Universal Citation: 18 NY Comp Codes Rules and Regs ยง 347.6
Current through Register Vol. 46, No. 39, September 25, 2024
(a) For each case in which parentage has not been established, the child support enforcement unit must carry out the following actions, provided, however, that, in any case involving rape or incest, or any case in which legal proceedings for adoption are pending, such actions need not be taken if, in the opinion of the child support enforcement unit, it would not be in the best interest of the child to establish parentage:
(1) File a
petition with the family court to establish parentage, complete service of
process or document on the State automated child support management system
(automated system) the unsuccessful diligent efforts to serve process, as
defined in section
347.7(b)(7)
of this Part.
(2) Seek entry of a
default order of parentage by showing that process has been served on the
respondent.
(3) In situations where
assisted reproduction was not used and an alleged parent is excluded as the
parent of the child but more than one alleged parent of such child has been
identified, the actions required by paragraphs (1) and (2) of this subdivision
must be carried out for each such alleged parent.
(4) Provide to the alleged parent or intended
parent the opportunity to voluntarily acknowledge parentage pursuant to
subdivision (d) of this section.
(b) The child support enforcement unit, for purposes of establishing parentage, must identify and, after competitive procurement, contract with one or more laboratories to perform legally and medically acceptable genetic marker or DNA tests, which tend to identify an alleged parent or exclude an alleged parent from paternity. A list of such laboratories must be made available to appropriate courts and law enforcement officials, and to the public upon request.
(c) In each case registered with the State Parent Locator Service in which an alleged parent has been determined not to be the parent of a child, the child support enforcement unit must close the automated system "location status" code within 10 working days. All information pertaining to such individual must be deleted from the case record except for: the individual's name, date of birth, social security number, and the basis for the determination that the individual is not the parent of the child.
(d)
(1)
Voluntary acknowledgments of parentage. Notwithstanding the requirements of
subdivision (a) of this section, the child support enforcement unit may obtain
from the birth parent and the alleged parent or intended parent of a child born
out of wedlock an acknowledgment of parentage of a child as provided for in
section 516-a of the Family Court Act, section 111-k of Social Services Law, and section 4135-b of the Public Health Law by a
written statement signed by each parent and each signature witnessed by two
individuals unrelated to the signatories. An individual may serve as a witness
to both signatures.
(2) Contents of
notice of rights and consequences. Prior to the execution of an acknowledgment
of parentage, the birth parent and the alleged parent or intended parent must
be advised orally and in writing of the consequences of making an
acknowledgment as required pursuant to paragraph (f) of subdivision 1 of
section 4135-b of the Public Health Law, as
follows:
(i) that the signing of the
acknowledgment of parentage establishes the parentage of the child and has the
same force and effect as an order of parentage or filiation issued by a court
of competent jurisdiction establishing the duty of both parties to provide
support for the child;
(ii) that if
an acknowledgment of parentage is not made, the signatory other than the birth
parent can be held liable for support only if the family court, after a
hearing, issues an order declaring that the person is the parent of the child
whereupon the court also may issue an order of support which may be retroactive
to the date of the birth of the child;
(iii) that if the alleged parent or intended
parent is named as a respondent in a proceeding to establish parentage, the
signatory other than the birth parent has the right to free legal
representation if indigent;
(iv)
that the alleged parent has a right to a genetic marker test or to a DNA
test;
(v) that by executing the
acknowledgment of parentage, the alleged parent waives their right to a
hearing, to which they would otherwise be entitled, on the issue of
parentage;
(vi) that a copy of the
acknowledgment of parentage will be filed with the registry created by section 372-c of the Social Services Law and that
such filing may establish the child's right to inheritance from the alleged
parent or intended parent pursuant to clause (B) of the subparagraph two of
paragraph (a) of section 4-1.2 of the Estates, Powers and Trusts
Law;
(vii) that if the
acknowledgment of parentage is filed with the registrar of the district in
which the birth certificate has been filed, such acknowledgment will establish
inheritance rights from the alleged parent or intended parent pursuant to
clause (A) of subparagraph two of paragraph (a) of section 4-1.2 of the Estates, Powers and Trusts
Law;
(viii) that no further
judicial or administrative proceedings are required to ratify an unchallenged
acknowledgment of parentage provided, however, that:
(a) A signatory to an acknowledgment of
parentage, who had attained the age of eighteen at the time of execution of the
acknowledgment, shall 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, but not limited to, a
proceeding to establish a support order) relating to the child in which the
signatory is a party, provided that the date of an administrative or a judicial
proceeding shall be the date by which the respondent is required to answer the
petition;
(b) A signatory to an
acknowledgment of parentage, who had not attained the age of eighteen at the
time of execution of the acknowledgment, shall have the right to rescind the
acknowledgment anytime up to sixty days after the signatory's attaining the age
of eighteen years or sixty days after the date on which the respondent is
required to answer a petition (including, but not limited to, a petition to
establish a support order) relating to the child, whichever is earlier;
provided, however, that the signatory must have been advised at such proceeding
of their right to file a petition to vacate the acknowledgment within sixty
days of the date of such proceeding;
(ix) that after the expiration of the time
limits to rescind, a signatory may challenge the acknowledgment of parentage 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;
(x) the birth
parent and the other signatory may wish to consult with an attorney before
executing the acknowledgment and that they have a right to seek legal
representation and supportive services including counseling regarding such
acknowledgment;
(xi) that the
acknowledgment of parentage may be the basis for the signatory other than the
birth parent establishing custody and visitation rights to the child and for
requiring the consent of the signatory other than the birth parent prior to an
adoption proceeding;
(xii) that the
birth parent's refusal to sign an acknowledgment of parentage is not deemed to
be a failure to cooperate in establishing parentage for the child;
and
(xiii) that the child may bear
the last name of either parent, or any combination thereof, which name will not
affect the legal status of the child.
(3) Review of acknowledgment of parentage.
The child support enforcement unit must review the acknowledgment of parentage to ensure it is on the form developed by the Office for such use, responses are legible and complete, including but not limited to the following information:
(i) the
social security number, if any, of each signatory;
(ii) the name and address, if known, of any
gamete donor;
(iii) a response to
the question as to whether the birth mother was married at the time of birth;
and
(iv) a response to the question
as to whether the other parent is the genetic father.
(4) Filing with the registrar. The child
support enforcement unit must, within five business days of the parents'
voluntary signing of the acknowledgment of parentage, file the executed
acknowledgment with the registrar of the district in which the birth occurred
and in which the birth certificate has been filed, pursuant to section 111-k of the Social Services
Law.
(5) Records relating to
acknowledgments of parentage which are signed in hospitals. If an
acknowledgment of parentage is signed in a hospital pursuant to section 4135-b of the Public Health Law, and if
the birth parent is in receipt of child support services pursuant to title 6-A
of article 3 of the Social Services Law, the child support enforcement unit
located in the social services district within which the birth parent resides
is entitled to secure from the registrar without charge a certified copy of the
certificate of birth and a certified copy of the acknowledgment of parentage.
Copies of such documents must be maintained by the support collection unit in
the appropriate child support case record.
(6) Effect of voluntary acknowledgment of
parentage. An acknowledgment of parentage signed pursuant to section 4135-b of the Public Health Law or
section 111-k of the Social Services Law
establishes the parentage of a child and has the same force and effect as a
judgment of parentage or order of filiation issued by a court of competent
jurisdiction.
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