New York A 5903: Creates an exemption to the presumption that a child born in wedlock is the child of the birth parent's legal spouse

Bill Text

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A05903 Summary:

BILL NOA05903 

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SAME ASNo Same As

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SPONSORJackson

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COSPNSR

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MLTSPNSR

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Amd §§24, 111, 111-a & 240, Dom Rel L; amd §516-a, Fam Ct Act; amd §4135-b, Pub Health L

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Creates an exemption to the presumption that a child born in wedlock is the child of the birth parent's legal spouse; permits certain actions to be taken by the birth parent without notice to the birth parent's legal spouse.

Go to top A05903 Actions:

BILL NOA05903 

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02/24/2025referred to judiciary

01/07/2026referred to judiciary

Go to topA05903 Committee&nbspVotes:

Go to topA05903 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA05903 Text:

 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.