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NY A05903
Bill
Status
2/24/2025
Primary Sponsor
Chantel Jackson
Click for details
AI Summary
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Allows a birth parent to override the legal presumption that their spouse is the parent of a child born during marriage by filing a sworn affidavit declaring the spouse has a history of abuse, the couple did not plan to have a child together, they are living separately since before the birth, and are not functioning as a family
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Enables a birth parent who files such an affidavit to sign an acknowledgment of parentage without the spouse being considered a presumed parent, facilitating establishment of parentage with the biological father
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Permits adoption proceedings to move forward without requiring notice to or consent from the abusive legal spouse, provided the affidavit requirements are met
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Removes the requirement for courts to verify a child's status as a "child of marriage" in divorce or custody proceedings when a birth parent has filed the qualifying affidavit
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Imposes perjury penalties for willfully false statements in the affidavit, which would render the filing null and void
Legislative Description
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.
Last Action
referred to judiciary
1/7/2026