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,
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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.