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NY A05903

Bill

Status

Introduced

2/24/2025

Primary Sponsor

Chantel Jackson

Click for details

Origin

Assembly

2025-2026 General Assembly

AI Summary

  • 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

  • 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

  • Permits adoption proceedings to move forward without requiring notice to or consent from the abusive legal spouse, provided the affidavit requirements are met

  • 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

  • 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

Committee Referrals

Judiciary2/24/2025

Full Bill Text

No bill text available