Bill Text: NY A04880 | 2025-2026 | General Assembly | Introduced


Bill Title: Establishes confirmatory adoptions providing for the adoption of children born as a result of assisted reproduction; allows for more than two persons to be named parents of a child; establishes presumed parentage and provides for the challenge and adjudication thereof; repeals certain provisions of the domestic relations law and the family court act relating thereto.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2025-02-06 - referred to judiciary [A04880 Detail]

Download: New_York-2025-A04880-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          4880

                               2025-2026 Regular Sessions

                   IN ASSEMBLY

                                    February 7, 2025
                                       ___________

        Introduced  by  M. of A. GONZALEZ-ROJAS -- read once and referred to the
          Committee on Judiciary

        AN ACT to amend the domestic relations law, the family court act and the
          public health law, in relation to establishing confirmatory  adoptions
          and  allowing  courts to grant multi-parent adoption petitions; and to
          repeal certain provisions of the domestic relations law and the family
          court act relating thereto

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Section  109  of the domestic relations law is amended by
     2  adding five new subdivisions 8, 9, 10, 11 and 12 to read as follows:
     3    8. "Assisted reproduction" shall have the same meaning as  in  section
     4  581-102 of the family court act.
     5    9.  "Donor"  shall  have the same meaning as in section 581-102 of the
     6  family court act.
     7    10. "Marriage" shall have the same meaning as in section five  hundred
     8  eighty-two of the family court act.
     9    11.  "Parent" shall have the same meaning as in section 581-102 of the
    10  family court act.
    11    12. "Presumed parent" shall have the same meaning as in  section  five
    12  hundred eighty-two of the family court act.
    13    §  2. Section 110 of the domestic relations law, as amended by chapter
    14  254 of the laws of 1991, the opening paragraph as amended by chapter 509
    15  of the laws of 2010, the seventh  undesignated  paragraph  as  added  by
    16  chapter  522  of  the laws of 1999 and the closing paragraph as added by
    17  chapter 258 of the laws of 2019, is amended to read as follows:
    18    § 110. Who may adopt; effect of article.  An adult  unmarried  person,
    19  an adult married couple together, or any [two] unmarried [adult intimate
    20  partners] adults who intend to parent together may adopt another person.
    21  An  adult  married  person who is living separate and apart from [his or
    22  her] their spouse pursuant to a decree  or  judgment  of  separation  or

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08775-02-5

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     1  pursuant  to a written agreement of separation subscribed by the parties
     2  thereto and acknowledged or proved in the form  required  to  entitle  a
     3  deed to be recorded or an adult married person who has been living sepa-
     4  rate  and  apart from [his or her] their spouse for at least three years
     5  prior to commencing an adoption proceeding  may  adopt  another  person;
     6  provided,  however,  that  the person so adopted shall not be deemed the
     7  child or step-child of the  non-adopting  spouse  for  the  purposes  of
     8  inheritance  or support rights or obligations or for any other purposes.
     9  An adult or minor married couple together may adopt a child of either of
    10  them [born in or out of wedlock] and an adult or minor spouse may  adopt
    11  such  a  child of the other spouse. No person shall hereafter be adopted
    12  except in pursuance of this article,  and  in  conformity  with  section
    13  three hundred seventy-three of the social services law.
    14    An  adult  married person who has executed a legally enforceable sepa-
    15  ration agreement or is a party to a marriage in which a valid decree  of
    16  separation  has  been entered or has been living separate and apart from
    17  [his or her] their spouse for at least three years prior  to  commencing
    18  an  adoption  proceeding  and who becomes or has been the custodian of a
    19  child placed in their care as a result of court ordered foster care  may
    20  apply  to  such  authorized agency for placement of said child with them
    21  for the purpose of adoption. Final determination  of  the  propriety  of
    22  said  adoption  of  such foster child, however, shall be within the sole
    23  discretion of the court, as otherwise provided herein.
    24    Adoption is the legal proceeding whereby a person takes another person
    25  into the relation of child and thereby acquires the  rights  and  incurs
    26  the responsibilities of parent in respect of such other person.
    27    A proceeding conducted in pursuance of this article shall constitute a
    28  judicial  proceeding. An order of adoption or abrogation made therein by
    29  a surrogate or by a judge shall have the force and effect of  and  shall
    30  be  entitled to all the presumptions attaching to a judgment rendered by
    31  a court of general jurisdiction in a common law action.
    32    No adoption heretofore lawfully made shall be abrogated by the  enact-
    33  ment of this article. All such adoptions shall have the effect of lawful
    34  adoptions hereunder.
    35    Nothing  in  this article in regard to a minor adopted pursuant hereto
    36  inheriting from the adoptive parent applies to any will, devise or trust
    37  made or created before  June  twenty-fifth,  eighteen  hundred  seventy-
    38  three,  nor  alters,  changes  or  interferes  with such will, devise or
    39  trust. As to any such will, devise or trust a minor adopted before  that
    40  date is not an heir so as to alter estates or trusts or devises in wills
    41  so  made  or  created.  Nothing  in  this  article in regard to an adult
    42  adopted pursuant hereto inheriting from the adoptive parent  applies  to
    43  any  will,  devise  or trust made or created before April twenty-second,
    44  nineteen hundred fifteen, nor alters, changes or  interferes  with  such
    45  will,  devise or trust. As to any such will, devise or trust an adult so
    46  adopted is not an heir so as to alter estates or trusts  or  devises  in
    47  wills so made or created.
    48    It  shall  be  unlawful  to  preclude a prospective adoptive parent or
    49  parents solely on the basis that the adoptor or adopters has had, or has
    50  cancer, or any other disease. Nothing herein shall prevent the rejection
    51  of a prospective applicant based upon [his or her] their poor health  or
    52  limited life expectancy.
    53    A  petition to adopt, pursuant to the terms of this article, where the
    54  petitioner's parentage is legally-recognized under New  York  State  law
    55  shall  not be denied solely on the basis that the petitioner's parentage
    56  is already legally-recognized.

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     1    § 3. Article 7 of the domestic relations law is amended  by  adding  a
     2  new title 5 to read as follows:
     3                                    TITLE V
     4                           CONFIRMATORY ADOPTIONS
     5  Section 118. General provisions relating to confirmatory adoption.
     6          119. Order of confirmatory adoption.
     7          120. Effect of confirmatory adoption.
     8    § 118. General  provisions relating to confirmatory adoption. 1. When-
     9  ever a child is born as a result of assisted reproduction and the person
    10  or persons who did not give birth is a parent under section  581-303  of
    11  the  family  court  act  or a presumed parent of the child under section
    12  five hundred eighty-three of the family court act and the  parents  seek
    13  to  file  a  petition  to  confirm  parentage through an adoption of the
    14  child, the court shall  permit  the  parents  to  file  a  petition  for
    15  adoption in accordance with this title.
    16    2.  Notwithstanding section one hundred fifteen of this article or any
    17  provision of law to the contrary, a petition for  confirmatory  adoption
    18  shall  be  signed  by  each  petitioner under oath and shall include the
    19  following:
    20    (a) A petition for confirmatory adoption, signed by  all  petitioners;
    21  and
    22    (b)  A  copy  of  the petitioners' marriage certificate, if any of the
    23  petitioners are married; and
    24    (c) A declaration signed by all  petitioners  explaining  the  circum-
    25  stances of the child's birth through assisted reproduction, attesting to
    26  their  consent to assisted reproduction, and attesting that no competing
    27  claims of parentage exist; and
    28    (d) A certified copy of the child's birth certificate.
    29    3. Notwithstanding section one hundred fifteen of this article or  any
    30  provision  of  law  to  the  contrary, submission of a complete petition
    31  under this section constitutes notice of  and  written  consent  to  the
    32  confirmatory  adoption  and  the  court  may  not require any additional
    33  notice to or consent by any petitioner.
    34    4. Notwithstanding sections one hundred eleven, one hundred  eleven-a,
    35  one  hundred  fifteen,  and one hundred fifteen-b of this article or any
    36  provision of law to the contrary, if a  petitioner  under  this  section
    37  conceived  through  assisted  reproduction  using  a  donor who is not a
    38  parent pursuant to section 581-302 of the family court  act,  the  court
    39  may not require notice of the confirmatory adoption to that donor or the
    40  consent of that donor to the confirmatory adoption.
    41    5.  Unless  otherwise  ordered  by  the court for good cause shown and
    42  supported by written findings of the court demonstrating good cause, for
    43  purposes of evaluating and granting a petition for confirmatory adoption
    44  pursuant to this section, the court shall not require:
    45    (a) A hearing or appearance; or
    46    (b) Certification pursuant to section one hundred  fifteen-d  of  this
    47  article  or  any of the requirements included therein, including but not
    48  limited to an investigation or criminal background check; or
    49    (c) Orders of investigation, waiting periods, or  any  other  require-
    50  ments included in section one hundred sixteen of this article; or
    51    (d)  A  best interest assessment pursuant to section one hundred four-
    52  teen or one hundred sixteen of this article; or
    53    (e) A minimum residency period in the home of the petitioners.
    54    § 119. Order of confirmatory adoption. 1. The court  shall  grant  the
    55  confirmatory  adoption  petition  under  section one hundred eighteen of

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     1  this title and issue an adoption decree within thirty days upon  finding
     2  that either:
     3    (a) The child was born through assisted reproduction to parents joined
     4  in  marriage,  one of the petitioners gave birth to the child, and there
     5  are no competing claims of parentage; or
     6    (b) The child was born through assisted reproduction with the  consent
     7  of  all petitioners, one of the petitioners gave birth to the child, and
     8  the other petitioner or petitioners are parents under section 581-303 of
     9  the family court act or presumed parents of the child under section five
    10  hundred eighty-three of the family court act, and there are no competing
    11  claims of parentage.
    12    2. A petition to adopt a child pursuant to section one  hundred  eigh-
    13  teen  of  this  title  shall  not be denied on the basis that any of the
    14  petitioners' parentage is already presumed or legally-recognized in  New
    15  York,  nor  shall  a petition be denied on the basis that there are more
    16  than two petitioners.
    17    § 120. Effect of confirmatory adoption. 1. An  order  of  confirmatory
    18  adoption shall include all effects of adoption under section one hundred
    19  seventeen  of  this  article except that the termination of the parental
    20  duties and responsibilities, and rights over the child or to property by
    21  descent or succession of an existing parent or parents shall  not  apply
    22  if such termination would be inconsistent with the order of confirmatory
    23  adoption.
    24    2.  When  parentage is presumed or legally-recognized under state law,
    25  the fact that a party did not petition for adoption shall not be consid-
    26  ered as evidence when two or more presumptions conflict, nor  in  deter-
    27  mining the best interest of the child.
    28    §  4.  Subdivision (a) of section 70 of the domestic relations law, as
    29  amended by chapter 457 of the laws  of  1988,  is  amended  to  read  as
    30  follows:
    31    (a)  Where  a  minor child is residing within this state, [either] any
    32  parent may apply to the supreme court for a writ  of  habeas  corpus  to
    33  have such minor child brought before such court; and on the return ther-
    34  eof,  the  court,  on due consideration, may award the natural guardian-
    35  ship, charge and custody of such child to [either] any parent  for  such
    36  time,  under such regulations and restrictions, and with such provisions
    37  and directions, as the case may require, and may at any time  thereafter
    38  vacate  or modify such order. In all cases there shall be no prima facie
    39  right to the custody of the child in [either] any parent, but the  court
    40  shall determine solely what is for the best interest of the child, based
    41  on  factors listed in paragraphs one, two, three and four of subdivision
    42  (a) of section five hundred eighty-six of the family court act, and what
    43  will best promote [its] the child's  welfare  and  happiness,  and  make
    44  award  accordingly.    Where  a court deems it to be in the child's best
    45  interest, based on factors listed in paragraphs one, two, three and four
    46  of subdivision (a) of section five  hundred  eighty-six  of  the  family
    47  court act, the court may award custody to more than two parents.
    48    § 5. Section 24 of the domestic relations law is REPEALED.
    49    § 6. Section 417 of the family court act is REPEALED.
    50    §  7.  The  family court act is amended by adding a new article 5-D to
    51  read as follows:
    52                                  ARTICLE 5-D
    53                             PRESUMED PARENTAGE
    54  Section 582. Definitions.
    55          583. Presumption of parentage.
    56          584. Challenge to a presumed parent.

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     1          585. Adjudicating parentage of child with presumed parent.
     2          586. Adjudicating competing claims of parentage.
     3          587. Preservation of parent-child relationship.
     4    § 582. Definitions. In this article:
     5    (a) "Marriage" means the legally recognized union of two people or any
     6  legal  relationship  between  two people that provides substantially the
     7  same rights, benefits, and responsibilities of marriage  and  is  recog-
     8  nized  as  valid  in  the state or jurisdiction in which it was entered,
     9  including, but not limited to, civil unions.
    10    (b) "Parent" shall have the same meaning as in section 581-102 of this
    11  act.
    12    (c) "Presumed parent" means an individual who under section 582-102 of
    13  this act is presumed to be a parent of a child, unless  the  presumption
    14  is  overcome  in a judicial proceeding, or a court adjudicates the indi-
    15  vidual to be a parent.
    16    § 583. Presumption of parentage. (a) An individual is presumed to be a
    17  parent of a child if:
    18    (1) Except as otherwise provided under section 581-406 of this act:
    19    (i) the individual and the person who gave  birth  to  the  child  are
    20  married to each other and the child is born during the marriage, regard-
    21  less of whether the marriage is or could be declared invalid; or
    22    (ii)  the  individual  and the person who gave birth to the child were
    23  married to each other and the child is born not later than three hundred
    24  days after the marriage is terminated by  death,  divorce,  dissolution,
    25  annulment,  or  declaration  of  invalidity,  regardless  of whether the
    26  marriage is or could be declared invalid; or
    27    (iii) the individual and the  person  who  gave  birth  to  the  child
    28  married  each  other after the birth of the child, regardless of whether
    29  the marriage is or could be declared invalid, the individual at any time
    30  asserted parentage of the child, and:
    31    (A) The assertion is in a record filed with a state agency maintaining
    32  birth records; or
    33    (B) The individual agreed to be and is named as a parent of the  child
    34  on the birth certificate of the child; or
    35    (iv)  the  individual resided in the same household with the child and
    36  openly held out the child as the individual's own child for a period  of
    37  at least one year, including any period of temporary absence.
    38    (b) A presumption of parentage under this section may be overcome, and
    39  competing  claims  to  parentage may be resolved only by an adjudication
    40  under section five hundred eighty-four or  five  hundred  eighty-six  of
    41  this article.
    42    §  584.  Challenge to a presumed parent. During a child's minority, an
    43  existing parent of the child may challenge a  presumption  of  parentage
    44  under  subparagraph  (iv) of paragraph one of subdivision (a) of section
    45  five hundred eighty-three of this article with evidence that the  parent
    46  openly  held  out  the  child  as  the presumptive parent's child due to
    47  duress, coercion, or threat of harm.
    48    § 585. Adjudicating parentage of child with  presumed  parent.  (a)  A
    49  civil  proceeding  may  be  maintained  to adjudicate the parentage of a
    50  child under the circumstances set forth in this article. This proceeding
    51  shall be governed by the civil practice law and rules.
    52    (b) A proceeding to adjudicate parentage of a  presumed  parent  of  a
    53  child shall be commenced before the child turns twenty-one years old.
    54    (c)  A petition for a judgment of parentage or nonparentage of a child
    55  with a presumed parent may be initiated by:

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     1    (1) a child, who may be, but is not required to be,  a  party  to  the
     2  proceeding; or
     3    (2) a parent; or
     4    (3) a presumed parent.
     5    (d)  If the presumed parent and the person who gave birth to the child
     6  are the only individuals with claims to parentage of the child,  and  if
     7  no party to the proceeding challenges the presumed parent's parentage of
     8  the child, the court shall adjudicate the presumed parent to be a parent
     9  of the child.
    10    (e)  If  any  party  to  the  proceeding challenges the presumption of
    11  parentage pursuant to section five hundred eighty-four of this  article,
    12  the court shall adjudicate the parentage of the child in the best inter-
    13  est  of  the  child  based on the factors listed in paragraphs one, two,
    14  three and four of subdivision (a) of section five hundred eighty-six  of
    15  this article.
    16    (f)  If in a proceeding to adjudicate a presumed parent's parentage of
    17  a child, another individual in addition to the person who gave birth  to
    18  the  child  asserts  a  claim to parentage of the child, the court shall
    19  adjudicate parentage under sections five  hundred  eighty-six  and  five
    20  hundred  eighty-seven  of  this article and issue judgments of parentage
    21  and/or nonparentage in accordance with its findings.
    22    § 586. Adjudicating competing claims of parentage. (a) In a proceeding
    23  to adjudicate competing claims of parentage of a child by  two  or  more
    24  individuals,  the  court shall adjudicate parentage in the best interest
    25  of the child, based on:
    26    (1) the age of the child; and
    27    (2) the length of time during which each individual assumed  the  role
    28  of parent of the child; and
    29    (3) the nature of the relationship between the child and each individ-
    30  ual; and
    31    (4)  the  harm  to the child if the relationship between the child and
    32  each individual is not recognized; and
    33    (5) the basis for each individual's claim to parentage of  the  child;
    34  and
    35    (6)  other  equitable  factors  arising  from  the  disruption  of the
    36  relationship between the child and each individual or the likelihood  of
    37  other harm to the child.
    38    §  587.  Preservation  of  parent-child  relationship. (a) A court may
    39  adjudicate a child to have more than two parents if the court finds that
    40  such adjudication is in the best interest of the child. A finding of the
    41  best interest of the child shall not require a finding of  unfitness  of
    42  any  parent or person seeking an adjudication of parentage. In determin-
    43  ing the best interest of the child, the court shall consider  all  rele-
    44  vant factors, including factors listed in paragraphs one, two, three and
    45  four of subdivision (a) of section five hundred eighty-six of this arti-
    46  cle, and the intention of parents to raise a child together, including a
    47  pre-conception  agreement  to parent or agreement to parent at any other
    48  point in the child's life.
    49    (b) If a court has adjudicated a child to have more than two  parents,
    50  the  law  of this state other than this act applies to determinations of
    51  legal and physical custody of, or visitation with, such  child,  and  to
    52  obligations  to  support such child. The child support guidelines estab-
    53  lished pursuant to section two hundred forty-b of the domestic relations
    54  law and section four hundred thirteen of this act shall not apply  until
    55  such  guidelines  have  been revised to address the circumstances when a
    56  child has more than two parents, and until such revision is effective, a

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     1  court of competent jurisdiction shall consider the child support  guide-
     2  lines  and  the  criteria  for  such  awards  established in section two
     3  hundred forty-b of the domestic relations law and section  four  hundred
     4  thirteen  of  this  act  in making or modifying orders of support of the
     5  child.
     6    § 8. Subdivision (c) of section 516-a of  the  family  court  act,  as
     7  amended  by  section  15 of part L of chapter 56 of the laws of 2020, is
     8  amended to read as follows:
     9    (c) An acknowledgment of parentage is void if, at the time of signing,
    10  any of the following are true:
    11    (i) a person other than the signatories is a presumed  parent  of  the
    12  child  pursuant  to  [section twenty-four of the domestic relations law]
    13  section five hundred eighty-three of this act;
    14    (ii) a court has entered a judgment of parentage of the child;
    15    (iii) another person has signed a valid  acknowledgment  of  parentage
    16  with regard to the child;
    17    (iv) the child has a parent pursuant to section 581-303 of [the family
    18  court] this act other than the signatories;
    19    (v) a signatory is a gamete donor under section 581-302 of [the family
    20  court] this act; or
    21    (vi)  the  acknowledgment  is signed by a person who asserts that they
    22  are a parent under section 581-303 of [the family court] this act  of  a
    23  child  conceived  through  assisted  reproduction, but the child was not
    24  conceived through assisted reproduction.
    25    § 9. Paragraph (d) of subdivision 1 of section 4135-b  of  the  public
    26  health law, as added by section 8 of part L of chapter 56 of the laws of
    27  2020, is amended to read as follows:
    28    (d) An acknowledgment of parentage is void if, at the time of signing,
    29  any of the following are true:
    30    (i)  A  person  other than the signatories is a presumed parent of the
    31  child under [section twenty-four of the domestic relations law]  section
    32  five hundred eighty-three of the family court act;
    33    (ii) A court has entered a judgment of parentage of the child;
    34    (iii)  Another  person  has signed a valid acknowledgment of parentage
    35  with regard to the child;
    36    (iv) The child has a parent under section 581-303 of the family  court
    37  act other than the signatories;
    38    (v)  A signatory is a gamete donor under section 581-302 of the family
    39  court act;
    40    (vi) The acknowledgment is signed by a person who  asserts  that  they
    41  are  a  parent  under section 581-303 of the family court act of a child
    42  conceived through assisted reproduction, but the child was not conceived
    43  through assisted reproduction.
    44    § 10. Subparagraphs 2 and 4 of  paragraph  (b)  of  subdivision  1  of
    45  section  413  of  the family court act, as amended by chapter 567 of the
    46  laws of 1989, are amended to read as follows:
    47    (2) "Child support" shall mean a sum to  be  paid  pursuant  to  court
    48  order or decree by [either or both] one or more parents or pursuant to a
    49  valid  agreement between the parties for care, maintenance and education
    50  of any unemancipated child under the age of twenty-one years.
    51    (4) "Combined parental income" shall mean the sum  of  the  income  of
    52  [both] all parents.
    53    §  11. Clause (vi) of subparagraph 5 of paragraph (c) of subdivision 1
    54  of section 413 of the family court act, as added by chapter 215  of  the
    55  laws of 2009, is amended to read as follows:

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     1    (vi) Upon proof by [either] any party that cash medical support pursu-
     2  ant  to  clause  (ii),  (iii), (iv) or (v) of this subparagraph would be
     3  unjust or inappropriate pursuant to paragraph (f) of subdivision one  of
     4  this section, the court shall:
     5    (A)  order  the parties to pay cash medical support as the court finds
     6  just and appropriate, considering the best interests of the child; and
     7    (B) set forth in the order  the  factors  it  considered,  the  amount
     8  calculated  under this subparagraph, the reason or reasons the court did
     9  not order such amount, and the basis for the amount awarded.
    10    § 12. Subparagraphs 6 and 7 of  paragraph  (f)  of  subdivision  1  of
    11  section  413  of  the family court act, as amended by chapter 567 of the
    12  laws of 1989, are amended to read as follows:
    13    (6) The educational needs of [either] any parent;
    14    (7) A determination that the gross income of one  or  more  parent  is
    15  substantially less than [the other] another parent's gross income;
    16    §  13.  Paragraphs (g), (i) and (j) of subdivision 1 of section 413 of
    17  the family court act, paragraphs (g) and (i) as amended by  chapter  436
    18  of  the  laws  of 2011 and paragraph (j) as amended by chapter 59 of the
    19  laws of 1993, are amended to read as follows:
    20    (g) Where the court finds that the  non-custodial  parent's  pro  rata
    21  share  of the basic child support obligation is unjust or inappropriate,
    22  the court shall order the non-custodial parent to  pay  such  amount  of
    23  child  support  as  the  court finds just and appropriate, and the court
    24  shall set forth, in a written order,  the  factors  it  considered;  the
    25  amount  of  each party's pro rata share of the basic child support obli-
    26  gation; and the reasons that the court did not  order  the  basic  child
    27  support obligation. Such written order may not be waived by [either] any
    28  party  or  counsel;  provided,  however,  and  notwithstanding any other
    29  provision of law, including but not  limited  to  section  four  hundred
    30  fifteen  of  this  part, the court shall not find that the non-custodial
    31  parent's pro rata share of such obligation is unjust or inappropriate on
    32  the basis that such share exceeds the portion  of  a  public  assistance
    33  grant which is attributable to a child or children. Where the non-custo-
    34  dial  parent's income is less than or equal to the poverty income guide-
    35  lines amount for a single person as reported by the  federal  department
    36  of  health and human services, unpaid child support arrears in excess of
    37  five hundred dollars shall not accrue.
    38    (i) Where [either or both] any of the parties are  unrepresented,  the
    39  court  shall not enter an order or judgment other than a temporary order
    40  pursuant to section two hundred thirty-seven of the  domestic  relations
    41  law,  that  includes  a  provision for child support unless the unrepre-
    42  sented party or parties have received a copy of the child support stand-
    43  ards chart promulgated by the commissioner of the  office  of  temporary
    44  and  disability  assistance  pursuant  to subdivision two of section one
    45  hundred eleven-i of the social services law. Where [either] any party is
    46  in receipt of child  support  enforcement  services  through  the  local
    47  social  services  district,  the  local  social  services district child
    48  support enforcement unit shall advise  such  party  or  parties  of  the
    49  amount derived from application of the child support percentage and that
    50  such  amount  serves  as  a  starting point for the determination of the
    51  child support award, and shall provide such party or parties with a copy
    52  of the child support standards chart.
    53    (j) In addition to  financial  disclosure  required  in  section  four
    54  hundred  twenty-four-a  of  this article, the court may require that the
    55  income and/or expenses of [either] any party be verified with documenta-
    56  tion including, but not limited to, past and present income tax returns,

        A. 4880                             9

     1  employer statements, pay  stubs,  corporate,  business,  or  partnership
     2  books  and records, corporate and business tax returns, and receipts for
     3  expenses or such other means of verification  as  the  court  determines
     4  appropriate.  Nothing  herein  shall  affect any party's right to pursue
     5  discovery pursuant to this chapter, the civil practice law and rules, or
     6  the family court act.
     7    § 14. Paragraph a and the opening  paragraph  and  subparagraph  1  of
     8  paragraph  b of subdivision 3 of section 413 of the family court act, as
     9  amended by chapter 398 of the laws of  1997,  are  amended  to  read  as
    10  follows:
    11    a. One-time adjustment of child support orders issued prior to Septem-
    12  ber  fifteenth,  nineteen  hundred  eighty-nine.  Any  party  to a child
    13  support order issued prior  to  September  fifteenth,  nineteen  hundred
    14  eighty-nine  on the behalf of a child in receipt of public assistance or
    15  child support services pursuant to section one hundred eleven-g  of  the
    16  social  services law may request that the support collection unit under-
    17  take one review of the order for adjustment purposes pursuant to section
    18  one hundred eleven-h of the  social  services  law.  A  hearing  on  the
    19  adjustment of such order shall be granted upon the objection of [either]
    20  any  party pursuant to the provisions of this section. An order shall be
    21  adjusted if as of the date of the support collection  unit's  review  of
    22  the  correct  amount  of  child  support  as  calculated pursuant to the
    23  provisions of this section would deviate by at least  ten  percent  from
    24  the  child  support  ordered  in the last permanent support order of the
    25  court. Additionally, a new support order shall be issued upon a  showing
    26  that  the  current order of support does not provide for the health care
    27  needs of the child through insurance or otherwise.  Eligibility  of  the
    28  child  for  medical  assistance  shall  not  relieve  any obligation the
    29  parties otherwise have to provide for  the  health  care  needs  of  the
    30  child.  The  support  collection  unit's review of a child support order
    31  shall be made on notice to all parties to the current support order  and
    32  shall be subject to the provisions of section four hundred twenty-four-a
    33  of  this  article.  Nothing  herein shall be deemed in any way to limit,
    34  restrict, expand or impair the rights of any party to file for a modifi-
    35  cation of a child support order as is otherwise provided by law.
    36    Upon receipt of an adjustment finding and where appropriate a proposed
    37  order in conformity with such finding filed by [either] any party or  by
    38  the  support  collection  unit, a party shall have thirty-five days from
    39  the date of mailing of the  adjustment  finding  and  proposed  adjusted
    40  order,  if any, to submit to the court identified thereon specific writ-
    41  ten objections to such finding and proposed order.
    42    (1) If specific written objections are submitted by [either] any party
    43  or by the support collection unit, a hearing shall be scheduled  by  the
    44  court  on  notice  to  the  parties and the support collection unit, who
    45  shall have the right to be heard by the court and to offer  evidence  in
    46  support of or in opposition to adjustment of the support order.
    47    § 15. This act shall take effect immediately.
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