N.Y. Public Health Law Section 4135
Birth certificate

  • child born out of wedlock

1.

(a) There shall be no specific statement on the birth certificate as to whether the child is born in wedlock or out of wedlock or as to the marital name or status of the mother.

(b)

The phrase “child born out of wedlock” when used in this article, refers to a child whose father is not its mother’s husband.

2.

The name of the alleged father of a child born out of wedlock shall not be entered on the certificate of birth prior to filing without (i) an acknowledgment of parentage pursuant to Social Services Law § 111-K (Procedures relating to acknowledgments of parentage, agreements to support, and genetic tests)section one hundred eleven-k of the social services law or § 4135-B (Voluntary acknowledgments of parentage)section four thousand one hundred thirty-five-b of this article executed by both the mother and alleged father, and filed with the record of birth; or

(ii)

notification having been received by, or proper proof having been filed with, the record of birth by the clerk of a court of competent jurisdiction or the parents, or their attorneys of a judgment, order or decree relating to parentage.

3.

Orders relating to parentage shall be held confidential by the commissioner and shall not be released or otherwise divulged except by order of a court of competent jurisdiction.

Source: Section 4135 — Birth certificate; child born out of wedlock, https://www.­nysenate.­gov/legislation/laws/PBH/4135 (updated Feb. 19, 2021; accessed Jun. 21, 2025).

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Verified:
Jun. 21, 2025

Last modified:
Feb. 19, 2021

§ 4135. Birth certificate's source at nysenate​.gov

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