Full question:
A paternity petition was filed by my ex-boy friend before his death. Can I dismiss the petition under New York law as he is no more?
- Category: Paternity
- Date:
- State: New York
Answer:
In New York, the death of the putative father pending a paternity proceeding does not necessarily abate the proceeding. This is provided under NY CLS Family Ct Act § 519, which reads as:If, at any time before or after a petition if filed, the putative father dies, or becomes mentally ill or cannot be found within the state, neither the proceeding nor the right to commence the proceeding shall necessarily abate but may be commenced or continued by any of the persons authorized by this article to commence a paternity proceeding where:
(a) the putative father was the petitioner in the paternity proceeding; or,
(b) the putative father acknowledged paternity of the child in open court; or,
(c) a <1> genetic marker or DNA test had been administered to the putative father prior to his death; or,
(d) the putative father has openly and notoriously acknowledged the child as his own.
(a) the putative father was the petitioner in the paternity proceeding; or,
(b) the putative father acknowledged paternity of the child in open court; or,
(c) a <1> genetic marker or DNA test had been administered to the putative father prior to his death; or,
(d) the putative father has openly and notoriously acknowledged the child as his own.
In this situation, the death of the putative father in the paternity proceeding does not abate the proceedings rather it can be continued because the putative father was the petitioner in the original paternity proceeding.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
