TN 34 (12-10)

GN 00306.575 New York Intestacy Law

NOTE: Inheritance rights conferred in accordance with the provisions below are retroactive under New York State law. Non-marital children who meet the criteria in GN 00306.575A.2.GN 00306.575A.7. or GN 00306.575B.2.GN 00306.575B.7. should be considered to have inheritance rights equivalent to those of children whose parents are validly married.

A. If the putative father is alive, child or father acquires status of child or parent if any of the following provisions is satisfied:

  1. parents intermarry; or

  2. (I) effective 09/01/81, a court of competent jurisdiction during the lifetime of the father issues an Order of Filiation declaring paternity; effective 05/29/79 and prior to 09/01/81, the proceeding must have been instituted during the mother’s pregnancy or within 10 years from the child’s birth; effective 03/01/66 and prior to 05/29/79, the proceeding must have been instituted during the mother’s pregnancy or within 2 years from the child’s birth.

    For claims filed on or after 11/27/98, or pending on that date, an Order of Filiation is not required if the putative father is alive. SSA will make the adjudication during the father’s lifetime using a clear and convincing evidence standard.

    Clear and convincing evidence is evidence which is entirely satisfactory and creates a genuine belief that the respondent is the father of the child. Such evidence may include:

    1. one or more blood genetic markers or DNA tests (performed by a duly qualified physician or by a laboratory duly approved for this purpose by the commissioner of health) to determine whether or not the alleged father can be excluded as being the father of the child. The laboratory and statistical results of the human leukocyte blood tissue test (either separately or in combination with the laboratory and statistical results of any other blood genetic marker or DNA test(s)) may be received in evidence to aid in the determination of whether the alleged father is or is not the father of the child (except in cases where exclusion has been established by another blood genetic marker test); or

    2. effective 06/14/94, the results of any blood genetic marker or DNA test(s) (performed by a duly qualified physician or by a laboratory duly approved for this purpose by the commissioner of health) indicating at least a 95% probability of paternity. Such test creates a rebuttable presumption of paternity, and shall establish, if unrebutted, the paternity of a child. Forward to the RCC for a determination evidence presented to rebut the presumption of paternity.

      NOTE: Sexual relations with another man during the critical period does not alone rebut the presumption of paternity; or

  3. (I) effective 06/15/94, the mother and father have executed an acknowledgment of paternity pursuant to section 4135-b of the public health law which has been filed with the registrar of the district in which the birth certificate has been filed; or

  4. (I) effective 09/01/81, the father of the child has signed an instrument acknowledging paternity, if the instrument is acknowledged or executed in the presence of one or more witnesses who have also acknowledged the instrument before a notary public and the instrument is filed within 60 days of making with the registry established by the State Department of Social Services; or

  5. (I) effective 09/01/81 and prior to 04/28/10, paternity has been established by clear and convincing evidence and the father of the child has openly and notoriously acknowledged the child as his own; or

  6. (I) effective 07/27/87 and prior to 04/28/10, a blood genetic marker test had been administered to the father during his lifetime which together with other evidence establishes paternity by clear and convincing evidence; or

  7. (I) effective 04/28/10, paternity has been established by clear and convincing evidence, which may include, but is not limited to:

    1. evidence derived from a genetic marker test; or

    2. evidence that the father openly and notoriously acknowledged the child as his own.

B. If the putative father is deceased, child or father acquires status of child or parent if any of the following requirements is met:

  1. parents intermarry; or

  2. (I) effective 09/01/81, a court of competent jurisdiction during the lifetime of the father issues an Order of Filiation declaring paternity; effective 05/29/79 and prior to 09/01/81, the proceeding must have been instituted during the mother’s pregnancy or within 10 years from the child’s birth; effective 03/01/66 and prior to 05/29/79, the proceeding must have been initiate