NY Dom Rel L § 112-B (2021)
2021 New York Laws DOM - Domestic Relations Article 7 - Adoption Title 2 - Adoption From an Authorized Agency 112-B - Post-Adoption Contact Agreements; Judicial Approval; Enforcement.

§   112-b.   Post-adoption   contact  agreements;  judicial  approval;   enforcement. 1. Nothing in this section shall be construed  to  prohibit   the  parties  to  a  proceeding under this chapter from entering into an   agreement regarding communication with or contact  between  an  adoptive   child,  adoptive  parent or parents and a birth parent or parents and/or   the adoptive child's biological siblings or half-siblings.2. Agreements regarding communication or contact between  an  adoptive   child,  adoptive parent or parents, and a birth parent or parents and/or   biological siblings or half-siblings of an adoptive child shall  not  be   legally  enforceable  unless the terms of the agreement are incorporated   into a written court order entered in accordance with the provisions  of   this  section.  The  court  shall not incorporate an agreement regarding   communication or contact into an order unless the terms  and  conditions   of  the  agreement  have  been  set forth in writing and consented to in   writing  by  the  parties  to  the  agreement,  including  the  attorney   representing  the  adoptive  child. The court shall not enter a proposed   order unless  the  court  that  approved  the  surrender  of  the  child   determined  and  stated  in  its  order  that  the communication with or   contact between the adoptive child, the prospective adoptive  parent  or   parents  and  a  birth  parent  or parents and/or biological siblings or   half-siblings, as agreed upon and as set forth in the  agreement,  would   be  in  the  adoptive  child's best interests. Notwithstanding any other   provision of law, a copy of the order entered pursuant to  this  section   incorporating  the post-adoption contact agreement shall be given to all   parties who have agreed to the terms and conditions of such order.3. Failure to comply with the terms  and  conditions  of  an  approved   order  regarding  communication  or contact that has been entered by the   court pursuant to this section shall not be grounds for setting aside an   adoption decree or revocation of written consent to  an  adoption  after   that consent has been approved by the court as provided in this section.4.  An  order  incorporating  an  agreement regarding communication or   contact entered under this section may be enforced by any party  to  the   agreement  or  the  attorney  for  the child by filing a petition in the   family court in  the  county  where  the  adoption  was  approved.  Such   petition  shall  have  annexed  to  it a copy of the order approving the   agreement regarding  communication  or  contact.  The  court  shall  not   enforce an order under this section unless it finds that the enforcement   is in the child's best interests.5.  If  a birth parent has surrendered a child to an authorized agency   pursuant to the provisions of section three  hundred  eighty-three-c  or   section three hundred eighty-four of the social services law, and if the   court  before  whom  the surrender instrument was presented for approval   approved an agreement providing for communication or contact pursuant to   paragraph (a) of  subdivision  two  of  section  three  hundred  eighty-   three-c  or  paragraph  (a)  of subdivision two of section three hundred   eighty-four of  the  social  services  law,  a  copy  of  the  surrender   instrument  and  of  the  approved  agreement  shall  be  annexed to the   petition of adoption. The court shall issue an order  incorporating  the   terms  and  conditions  of  the  approved  agreement  into  the order of   adoption. Notwithstanding any other provision of  law,  a  copy  of  any   order entered pursuant to this subdivision shall be given to the parties   who approved such agreement.6.  If  a  surrender instrument executed by a birth parent pursuant to   section three hundred eighty-three-c or three hundred eighty-four of the   social services law contains  terms  and  conditions  that  provide  for   communication  with  or  contact  between  a child and a birth parent or   parents, such terms and conditions  shall  not  be  legally  enforceable   after  any  adoption approved by a court pursuant to this article unless    the court has entered an order pursuant to  this  section  incorporating   those terms and conditions into a court ordered adoption agreement.