STATE OF NEW YORK ________________________________________________________________________ 5903 2025-2026 Regular Sessions IN ASSEMBLY February 24, 2025 ___________ Introduced by M. of A. JACKSON -- read once and referred to the Commit- tee on Judiciary AN ACT to amend the domestic relations law, the family court act and the public health law, in relation to creating an exemption to the presumption that a child born in wedlock is the child of the birth parent's legal spouse and permits certain actions to be taken by the birth parent without notice to the birth parent's legal spouse The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 24 of the domestic relations law, as added by chap- 2 ter 325 of the laws of 1969 and subdivision 1 as amended by chapter 305 3 of the laws of 2008, is amended to read as follows: 4 § 24. Effect of marriage on legitimacy of children. 1. A child hereto- 5 fore or hereafter born of parents who prior or subsequent to the birth 6 of such child shall have entered into a civil or religious marriage, or 7 shall have consummated a common-law marriage where such marriage is 8 recognized as valid, in the manner authorized by the law of the place 9 where such marriage takes place, is a child born in wedlock for the 10 purposes of this section. A child born in wedlock is the legitimate 11 child of both birth parents notwithstanding that such marriage is void 12 or voidable or has been or shall hereafter be annulled or judicially 13 declared void; provided, however, that any presumption of legitimacy 14 arising under this subdivision shall be deemed null and void where a 15 birth parent satisfies the procedural requirements under subdivision 16 three of this section. 17 2. Nothing herein contained shall be deemed to affect the construction 18 of any will or other instrument executed before the time this act shall 19 take effect or any right or interest in property or right of action 20 vested or accrued before the time this act shall take effect, or to 21 limit the operation of any judicial determination heretofore made 22 containing express provision with respect to the legitimacy, maintenance EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03436-01-5
A. 5903 2 1 or custody of any child, or to affect any adoption proceeding heretofore 2 commenced, or limit the effect of any order or orders entered in such 3 adoption proceeding. 4 3. Nothing contained herein shall be deemed to affect the legitimacy 5 of a child born in wedlock if a birth parent denies that such child is 6 the legitimate child of the birth parent's legal spouse by filing a 7 sworn affidavit in the same manner prescribed by section twenty of this 8 article, in which the birth parent shall declare: (a) the legal spouse 9 is or has a history of being abusive toward the birth parent; and (b) 10 the birth parent and legal spouse: (i) did not plan or intend to have a 11 child together; (ii) are living separately; (iii) have lived separately 12 since prior to the birth of the child; and (iv) are not functioning 13 positively as a family. Any person who shall in any affidavit or state- 14 ment required or provided for in this section wilfully and falsely swear 15 in regard to any material fact shall be deemed guilty of perjury and on 16 conviction thereof shall be punished as provided by the statutes of this 17 state and such affidavit shall be deemed null and void. 18 § 2. Paragraph (i) of subdivision (c) of section 516-a of the family 19 court act, as amended by section 15 of part L of chapter 56 of the laws 20 of 2020, is amended to read as follows: 21 (i) a person other than the signatories is a presumed parent of the 22 child pursuant to subdivision one of section twenty-four of the domestic 23 relations law; unless, at any time, a birth parent's marital status 24 shall have been deemed not to affect the child's legitimacy pursuant to 25 subdivision three of section twenty-four of the domestic relations law, 26 in which case the birth parent shall be deemed to have been the only 27 presumed parent of the child at the time of the signing of the acknowl- 28 edgement of parentage; 29 § 3. Subparagraph (i) of paragraph (d) of subdivision 1 of section 30 4135-b of the public health law, as added by section 8 of part L of 31 chapter 56 of the laws of 2020, is amended to read as follows: 32 (i) A person other than the signatories is a presumed parent of the 33 child under subdivision one of section twenty-four of the domestic 34 relations law; unless, at any time, a birth parent's marital status 35 shall have been deemed not to affect the child's legitimacy pursuant to 36 subdivision three of section twenty-four of the domestic relations law, 37 in which case the birth parent shall be deemed to have been the only 38 presumed parent of the child at the time of the signing of the acknowl- 39 edgement of parentage; 40 § 4. Paragraph (b) of subdivision 1 of section 111 of the domestic 41 relations law, as amended by chapter 918 of the laws of 1985, is amended 42 to read as follows: 43 (b) Of the parents or surviving parent, whether adult or infant, of a 44 child conceived or born in wedlock; unless a birth parent's marital 45 status shall have been deemed not to affect the child's legitimacy 46 pursuant to subdivision three of section twenty-four of this chapter, in 47 which case the consent of the birth parent shall be required, and the 48 consent of the birth parent's legal spouse shall be required: (i) for a 49 child placed for adoption more than six months after birth, but only if 50 such legal spouse shall have maintained substantial and continuous or 51 repeated contact with the child as manifested by the standards applica- 52 ble to consent parents under paragraph (d) of this subdivision; or (ii) 53 for a child who is under the age of six months at the time the child is 54 placed for adoption, but only if such legal spouse shall have manifested 55 a willingness to assume full custody of the child and not merely block
A. 5903 3 1 adoption by others as manifested by the standards applicable under para- 2 graph (e) of this subdivision; 3 § 5. Subdivision 1 of section 111-a of the domestic relations law, as 4 amended by chapter 828 of the laws of 2022, is amended to read as 5 follows: 6 1. Notwithstanding any inconsistent provisions of this or any other 7 law, and in addition to the notice requirements of any law pertaining to 8 persons other than those specified in subdivision two of this section, 9 notice as provided herein shall be given to the persons specified in 10 subdivision two of this section of any adoption proceeding initiated 11 pursuant to this article or of any proceeding initiated pursuant to 12 section one hundred fifteen-b of this article relating to the revocation 13 of an adoption consent, when such proceeding involves a child born out- 14 of-wedlock provided, however, that such notice shall not be required to 15 be given: (a) in the case of the adoption of a child transferred to the 16 custody and guardianship of an authorized agency, foster parent, or 17 relative pursuant to section three hundred eighty-four-b of the social 18 services law or a child transferred to the custody and guardianship of 19 an authorized agency pursuant to section three hundred eighty-three-c of 20 the social services law; or (b) to any person who has previously 21 received notice of any proceeding pursuant to section one hundred 22 fifteen-b of this article. In addition to such other requirements as may 23 be applicable to the petition in any proceeding in which notice must be 24 given pursuant to this section, the petition shall set forth the names 25 and last known addresses of all persons required to be given notice of 26 the proceeding, pursuant to this section, and there shall be shown by 27 the petition or by affidavit or other proof satisfactory to the court 28 that there are no persons other than those set forth in the petition who 29 are entitled to notice. For the avoidance of doubt, notwithstanding any 30 inconsistent provisions of law to the contrary, an affidavit filed by 31 the birth parent pursuant to subdivision three of section twenty-four of 32 this chapter shall be proof satisfactory that the birth parent's legal 33 spouse is not entitled to notice pursuant to this section. For the 34 purpose of determining persons entitled to notice of adoption 35 proceedings initiated pursuant to this article, persons specified in 36 subdivision two of this section shall not include any person who has 37 been convicted of one or more of the following sexual offenses in this 38 state or convicted of one or more offenses in another jurisdiction 39 which, if committed in this state, would constitute one or more of the 40 following offenses, when the child who is the subject of the proceeding 41 was conceived as a result: (A) rape in first or second degree; (B) 42 course of sexual conduct against a child in the first degree; (C) preda- 43 tory sexual assault; or (D) predatory sexual assault against a child. 44 § 6. Paragraph (a) of subdivision 1 of section 240 of the domestic 45 relations law, as amended by chapter 567 of the laws of 2015, is amended 46 to read as follows: 47 (a) In any action or proceeding brought (1) to annul a marriage or to 48 declare the nullity of a void marriage, or (2) for a separation, or (3) 49 for a divorce, or (4) to obtain, by a writ of habeas corpus or by peti- 50 tion and order to show cause, the custody of or right to visitation with 51 any child of a marriage, the court shall require verification of the 52 status of any child of the marriage with respect to such child's custody 53 and support, including any prior orders, and shall enter orders for 54 custody and support as, in the court's discretion, justice requires, 55 having regard to the circumstances of the case and of the respective 56 parties and to the best interests of the child and subject to the
A. 5903 4 1 provisions of subdivision one-c of this section. Notwithstanding any 2 inconsistent provisions of law, the court shall not require verification 3 of the status of a child under this section if a birth parent has filed 4 an affidavit pursuant to subdivision three of section twenty-four of 5 this chapter, and such affidavit shall be proof satisfactory that a 6 child is not a "child of marriage" under this section. Where either 7 party to an action concerning custody of or a right to visitation with a 8 child alleges in a sworn petition or complaint or sworn answer, cross- 9 petition, counterclaim or other sworn responsive pleading that the other 10 party has committed an act of domestic violence against the party making 11 the allegation or a family or household member of either party, as such 12 family or household member is defined in article eight of the family 13 court act, and such allegations are proven by a preponderance of the 14 evidence, the court must consider the effect of such domestic violence 15 upon the best interests of the child, together with such other facts and 16 circumstances as the court deems relevant in making a direction pursuant 17 to this section and state on the record how such findings, facts and 18 circumstances factored into the direction. If a parent makes a good 19 faith allegation based on a reasonable belief supported by facts that 20 the child is the victim of child abuse, child neglect, or the effects of 21 domestic violence, and if that parent acts lawfully and in good faith in 22 response to that reasonable belief to protect the child or seek treat- 23 ment for the child, then that parent shall not be deprived of custody, 24 visitation or contact with the child, or restricted in custody, visita- 25 tion or contact, based solely on that belief or the reasonable actions 26 taken based on that belief. If an allegation that a child is abused is 27 supported by a preponderance of the evidence, then the court shall 28 consider such evidence of abuse in determining the visitation arrange- 29 ment that is in the best interest of the child, and the court shall not 30 place a child in the custody of a parent who presents a substantial risk 31 of harm to that child, and shall state on the record how such findings 32 were factored into the determination. Where a proceeding filed pursuant 33 to article ten or ten-A of the family court act is pending at the same 34 time as a proceeding brought in the supreme court involving the custody 35 of, or right to visitation with, any child of a marriage, the court 36 presiding over the proceeding under article ten or ten-A of the family 37 court act may jointly hear the dispositional hearing on the petition 38 under article ten or the permanency hearing under article ten-A of the 39 family court act and, upon referral from the supreme court, the hearing 40 to resolve the matter of custody or visitation in the proceeding pending 41 in the supreme court; provided however, the court must determine custody 42 or visitation in accordance with the terms of this section. 43 § 7. This act shall take effect immediately.