NY Dom Rel L § 112 (2021)
2021 New York Laws DOM - Domestic Relations Article 7 - Adoption Title 2 - Adoption From an Authorized Agency 112 - General Provisions Relating to Adoption From Authorized Agencies.

§  112.  General  provisions  relating  to  adoption  from  authorized   agencies.   In an adoption  from  an  authorized  agency  the  following   requirements shall be observed:1.  The  adoptive parents or parent and the adoptive child must appear   for examination before a judge or surrogate of the county  specified  in   section  one  hundred  thirteen  of  this title. The judge or surrogate,   however, may in his discretion dispense with the personal appearance  of   the adoptive child or of an adoptive parent who is on active duty in the   armed forces of the United States.2.  The  adoptive  parents  or  parent  and the adoptive child if over   eighteen years of age must present to such  judge  or  surrogate  (a)  a   petition  stating  the  names and place of residence of the petitioners;   whether they are of full age; whether they are married or unmarried and,   if married, whether they are living together as husband  and  wife;  the   first  name,  date and place of birth of the adoptive child as nearly as   the same can be ascertained; a statement on information and belief  that   there  will  be  annexed  to  the petition a schedule verified by a duly   constituted official of  the  authorized  agency  as  required  by  this   section;  the religious faith of the petitioners; the religious faith of   the adoptive child and his or her parents as nearly as the same  can  be   ascertained;  the  manner  in  which  the  adoptive parents obtained the   adoptive child; whether the child was placed or brought into  the  state   of  New  York from out of state for the purpose of adoption, whether the   placement was  subject  to  the  provisions  of  section  three  hundred   seventy-four-a  of  the  social  services  law  and if the placement was   subject to the provisions of such section,  whether  the  provisions  of   such  section  were  complied  with; the period of time during which the   adoptive child has resided with the adoptive parents; the occupation and   approximate  income  of   the   petitioners,   including   support   and   maintenance, if any, to be received on behalf of the adoptive child from   a  commissioner of social services, pursuant to the social services law,   and the new name, if any, by which the adoptive child is  to  be  known;   whether  the  adoptive  parent  or parents has or have knowledge that an   adoptive parent is the subject of an indicated report, as such terms are   defined in section four hundred twelve of the social services law, filed   with the statewide central register  of  child  abuse  and  maltreatment   pursuant  to title six of article six of the social services law, or has   been the subject of or the respondent in a child  protective  proceeding   commenced  under  article  ten of the family court act, which proceeding   resulted in an order finding that the child is an  abused  or  neglected   child;  that no previous application has been made to any court or judge   for the relief sought or if  so  made,  the  disposition  of  it  and  a   statement  as to whether the adoptive child had been previously adopted,   all of which statements shall be taken  prima  facie  as  true;  (b)  an   agreement  on  the  part  of the adoptive parents or parent to adopt and   treat the adoptive child as their or his or her own  lawful  child;  (c)   the consents required by section one hundred eleven of this article.2-a.  In the petition provided for in subdivision two of this section,   the adoptive parents or parent and the adoptive child if  over  eighteen   years of age shall present to the judge or surrogate as nearly as can be   ascertained   the   heritage   of   the  parents,  which  shall  include   nationality, ethnic background and race; education, which shall  be  the   number  of  years  of school completed by the parents at the time of the   birth of the adoptive child; general physical appearance of the  parents   at  the  time  of  the  birth of the adoptive child, which shall include   height, weight, color of hair, eyes, skin; occupation of the parents  at   the  time of the birth of the adoptive child; health and medical history   of the parents at the time of the birth of the adoptive child, including    all available information setting forth conditions or diseases  believed   to  be hereditary, any drugs or medication taken during the pregnancy by   the child's mother; and any other information  which  may  be  a  factor   influencing  the  child's present or future health, talents, hobbies and   special interests of parents. The petition shall also include the  names   and current addresses of the biological parents, if known.3.  The  authorized  agency  must present to such judge or surrogate a   schedule to be annexed to the petition which shall be verified by a duly   constituted official of the authorized  agency  having  custody  of  the   adoptive  child  or  actually  placing  the child for adoption and shall   contain (1) the full name of the child, (2)  the  manner  in  which  the   authorized agency obtained custody of the adoptive child, (3) the facts,   if  any,  which  render unnecessary the consent of either or both of the   parents of the adoptive child, (4) a statement whether either parent had   ever requested the agency to return the  child  to  the  parent,  within   thirty  days of the execution and delivery of an instrument of surrender   to an authorized agency and, if so, all facts  relating  thereto.  If  a   request  for  return  of  the  child  to  a  parent  be  made  after the   presentation to the court of the petition and schedule,  the  authorized   agency  shall promptly report to the court in writing the facts relating   thereto and (5) all available information comprising the child's medical   history. If the child was placed into the state  of  New  York  for  the   purpose  of adoption and such placement was subject to the provisions of   section three hundred seventy-four-a of the  social  services  law,  the   authorized  agency  shall attach to the petition a copy of the document,   signed by New York's administrator of the  interstate  compact  for  the   placement  of  children  or  his  designee,  which informs the agency or   person who placed the child into the state that such placement  complied   with the provisions of the compact.4. None of the papers in the proceeding shall state the surname of the   child  in  the title and no petition, agreement, consent, affidavit, nor   any other document which is  required  to  be  signed  by  the  adoptive   parents shall contain the surname of the adoptive child.5.  The petition must be verified, the agreement and consents executed   and acknowledged and the proof given by the  respective  persons  before   such  judge  or  surrogate;  but  where  the  verification, agreement or   necessary consent is duly acknowledged or proved and certified  in  form   sufficient to entitle a conveyance to be recorded in this state, (except   that  when  executed  and  acknowledged within the state of New York, no   certificate of the county  clerk  shall  be  required),  such  judge  or   surrogate   may  grant  the  order  of  adoption  without  the  personal   appearance of such persons or parties or any  of  them  for  good  cause   shown, which reason shall be recited in the order of adoption.6.  Where  the  adoptive  child is less than eighteen years of age, no   order of adoption shall be made until such child has  resided  with  the   adoptive parents for at least three months unless the judge or surrogate   in his discretion shall dispense with such period of residence and shall   recite  in  the  order  the  reason  for  such action. When the adoptive   parents are the foster parents in whose home the adoptive child has been   placed out or boarded out for a period in excess of three  months,  such   period shall be deemed to constitute the required period of residence.7.  Before  making  an  order of adoption the judge or surrogate shall   inquire of the department of social services and  the  department  shall   inform  the  court  whether  an  adoptive  parent  is  the subject of an   indicated report, as such terms are  defined  in  section  four  hundred   twelve  of  the  social  services  law, filed with the statewide central   register of child abuse  and  maltreatment  pursuant  to  title  six  of   article  six  of  the  social services law and shall cause to be made an    investigation by a disinterested  person  or  by  an  authorized  agency   specifically  designated  by  the judge or surrogate to examine into the   allegations set forth in the petition and to ascertain such other  facts   relating  to  the  adoptive child and adoptive parents as will give such   judge or surrogate adequate  basis  for  determining  the  propriety  of   approving  the adoption. A written report of such investigation shall be   submitted before the  order  of  adoption  is  made.  As  used  in  this   subdivision,  "disinterested  person"  includes the probation service of   the family court. Such an inquiry shall not be required if the  findings   of  such  an  inquiry made within the past twelve months is available to   the judge or surrogate.7-a. Any order subject to the provisions of this section shall include   an adoption information registry birth parent registration consent form,   stating whether or not such biological parent or parents  whose  consent   is subject to the provisions of this section, consents to the receipt of   identifying  information  by  the  child to be adopted upon registration   with the adoption information registry established by section  forty-one   hundred  thirty-eight-c  of  the  public health law and upon the adoptee   reaching the age of eighteen. If such  consent  is  made,  it  shall  be   revocable  by  either  of  the  biological  parents  at  any  time.  The   revocation of the consent by one of the parents shall revoke the consent   of both parents. The failure of a  biological  parent  to  complete  the   consent  form  shall  have  no  effect on the finality of the consent to   adoption. A copy of the form required  by  this  subdivision,  shall  be   forwarded  to  the  state adoption information registry for inclusion in   the records maintained by such  registry.  Any  fees  authorized  to  be   charged  by  the  state  adoption registry for filing documentation with   such registry shall be waived for the form required by this subdivision.8. Rules of court shall permit the filing of a petition  for  adoption   of  a child whose custody and guardianship has not yet been committed to   an authorized agency where a proceeding to terminate parental rights  is   pending.  Such  adoption  petition shall be filed in the court where the   termination of parental rights proceeding is pending. The clerk of  such   court  shall  accept the adoption petition for filing and processing and   shall request such inquiries of the department of social services as are   required by subdivision seven of this section, provided,  however,  that   the  petition,  supporting  documents and the fact of their filing shall   not be provided to the judge before whom the petition for termination of   parental rights is pending until such time as fact-finding is  concluded   under such petition.