New York Prosecutors Training Institute
NYPTI Law - NYS Statutes
ยง 519. Effect of death, absence or mental illness of putative father.
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 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.
