NY Dom Rel L § 111 (2021)
2021 New York Laws DOM - Domestic Relations Article 7 - Adoption Title 1 - Adoptions Generally 111 - Whose Consent Required.

§   111.  Whose  consent  required.  1.  Subject  to  the  limitations hereinafter set forth consent to adoption shall be required as follows:  (a) Of the adoptive child, if over fourteen years of age,  unless  the judge or surrogate in his discretion dispenses with such consent;  (b)  Of the parents or surviving parent, whether adult or infant, of a child conceived or born in wedlock;  (c) Of the mother, whether adult or infant, of a  child  born  out  of wedlock;  (d)  Of  the  father,  whether  adult  or  infant,  of  a  child  born out-of-wedlock and placed with the adoptive parents more than six months after birth, but only if such father shall have  maintained  substantial and  continuous or repeated contact with the child as manifested by: (i) the payment by the father toward the support of the child of a fair  and reasonable  sum,  according  to  the father's means, and either (ii) the father's visiting  the  child  at  least  monthly  when  physically  and financially  able to do so and not prevented from doing so by the person or authorized agency having lawful custody of the child,  or  (iii)  the father's  regular  communication  with  the  child or with the person or agency having the care or custody of  the  child,  when  physically  and financially  unable to visit the child or prevented from doing so by the person or authorized agency having lawful  custody  of  the  child.  The subjective  intent  of  the  father,  whether  expressed  or  otherwise, unsupported by evidence of acts specified in this paragraph  manifesting such  intent,  shall not preclude a determination that the father failed to maintain substantial and continuous  or  repeated  contact  with  the child.  In  making  such  a determination, the court shall not require a showing of diligent efforts by any person or  agency  to  encourage  the father  to  perform  the  acts  specified  in  this paragraph. A father, whether adult or infant, of a  child  born  out-of-wedlock,  who  openly lived  with  the  child  for  a period of six months within the one year period immediately preceding the placement of the child for adoption and who during such period openly held himself out to be the father of  such child  shall  be  deemed  to  have maintained substantial and continuous contact with the child for the purpose of this subdivision.  (e)  Of  the  father,  whether  adult  or  infant,  of  a  child  born out-of-wedlock  who  is  under  the  age of six months at the time he is placed for adoption, but only if: (i) such father openly lived with  the child  or  the  child's  mother  for  a  continuous period of six months immediately preceding the placement of the child for adoption; and  (ii) such  father  openly  held  himself  out  to be the father of such child during such period; and (iii) such father paid  a  fair  and  reasonable sum, in accordance with his means, for the medical, hospital and nursing expenses  incurred in connection with the mother's pregnancy or with the birth of the child.  (f) Of any person or authorized agency having lawful  custody  of  the adoptive child.   2.  The  consent  shall  not  be  required of a parent or of any other person having custody of the child:  (a) who evinces an intent to forego his or her parental  or  custodial rights  and obligations as manifested by his or her failure for a period of six months to visit the child  and  communicate  with  the  child  or person having legal custody of the child, although able to do so; or  (b)  who  has  surrendered the child to an authorized agency under the provisions of section three  hundred  eighty-three-c  or  three  hundred eighty-four of the social services law; or  (c) for whose child a guardian has been appointed under the provisions of section three hundred eighty-four-b of the social services law; or  (d)  who,  by  reason of mental illness or intellectual disability, as defined in subdivision six of section three hundred eighty-four-b of the social services law, is presently and for the foreseeable future  unable to  provide proper care for the child. The determination as to whether a parent  is  mentally  ill  or  intellectually  disabled shall be made in accordance with the criteria and procedures set forth in subdivision six of section three hundred eighty-four-b of the social services law; or  (e) who has  executed  an  instrument,  which  shall  be  irrevocable, denying the paternity of the child, such instrument having been executed after  conception  and  acknowledged or proved in the manner required to permit the recording of a deed.   3. (a) Notice of the proposed adoption shall  be  given  to  a  person whose  consent  to  adoption is required pursuant to subdivision one and who has not already provided such consent.  (b) Notice and an opportunity to be heard upon the  proposed  adoption may  be  afforded  to  a  parent  whose  consent  to adoption may not be required pursuant to subdivision two,  if  the  judge  or  surrogate  so orders.  (c) Notice under this subdivision shall be given in such manner as the judge or surrogate may direct.  (d)  Notwithstanding any other provision of law, neither the notice of a proposed adoption nor any process in such proceeding shall be required to contain the name of the person or persons seeking to adopt the child.   4. Where the adoptive child is over the  age  of  eighteen  years  the consents  specified in paragraphs (b), (c) and (d) of subdivision one of this section shall not be required, and the judge or  surrogate  in  his discretion  may  direct  that  the consent specified in paragraph (f) of subdivision one of this section shall not be required if in his  opinion the  best  interests  of  the  adoptive  child  will  be promoted by the adoption and such consent cannot for any reason be obtained.   5. An adoptive child  who  has  once  been  lawfully  adopted  may  be readopted directly from such child's adoptive parents in the same manner as  from  its  birth  parents.  In  such  case the consent of such birth parents shall not  be  required  but  the  judge  or  surrogate  in  his discretion may require that notice be given to the birth parents in such manner as he may prescribe.   6. For the purposes of paragraph (a) of subdivision two:  (a)  In  the absence of evidence to the contrary, the ability to visit and communicate with a child or person having custody of the child shall be presumed.  (b) Evidence of insubstantial or infrequent visits or communication by the parent or other person having custody of the  child  shall  not,  of itself,  be sufficient as a matter of law to preclude a finding that the consent of such parent or person to the child's adoption  shall  not  be required.  (c) The subjective intent of the parent or other person having custody of the child, whether expressed or otherwise, unsupported by evidence of acts  specified  in  paragraph  (a)  of subdivision two manifesting such intent, shall not preclude a determination  that  the  consent  of  such parent or other person to the child's adoption shall not be required.  (d)  Payment by a parent toward the support of the child of a fair and reasonable sum, according to the  parent's  means,  shall  be  deemed  a substantial communication by such parent with the child or person having legal custody of the child.