Bill > A05903

This bill creates a legal mechanism for a birth parent to challenge the presumption that a child born during a marriage is automatically considered the legitimate child of the birth parent's legal spouse. Specifically, the bill allows a birth parent to file a sworn affidavit denying the child's legitimacy if certain conditions are met, such as the legal spouse having a history of abuse, the couple not intending to have a child together, living separately, and not functioning as a positive family unit. The bill amends several sections of New York state law, including the Domestic Relations Law, Family Court Act, and Public Health Law, to accommodate this new provision. Under the new rules, if a birth parent successfully files such an affidavit, they would be considered the only presumed parent of the child, which impacts various legal proceedings such as adoption, custody, and visitation rights. The bill includes safeguards against false claims, stating that anyone who willfully and falsely swears in such an affidavit can be charged with perjury. The legislative changes aim to provide more flexibility and protection for birth parents in complex family situations, particularly those involving potential domestic abuse or estranged relationships.

Justice

https://www.nysenate.gov/legislation/bills/2025/A5903