If a mother and father enter into a civil or religious marriage after the birth of their child, the child is legitimated for all purposes of New York law, even if the marriage is void or voidable, pursuant to Domestic Relations Law § 24[1]. Therefore, the child automatically becomes a distributee of both birth parents, without any need to satisfy one of the paternity tests set forth in Section 4-1.2(a)(2) of the EPTL.
Tiwary v. Tiwary, NY Slip Op 07479 (1st Dep't December 10, 2020)
