NY Dom Rel L § 111-A (2021)
2021 New York Laws DOM - Domestic Relations Article 7 - Adoption Title 1 - Adoptions Generally 111-A - Notice in Certain Proceedings to Fathers of Children Born Out-of-Wedlock.

§  111-a.  Notice  in  certain proceedings to fathers of children born out-of-wedlock. 1. Notwithstanding any inconsistent provisions  of  this or  any other law, and in addition to the notice requirements of any law pertaining to persons other than those specified in subdivision  two  of this  section,  notice  as provided herein shall be given to the persons specified in subdivision two of this section of any adoption  proceeding initiated  pursuant  to  this  article  or  of  any proceeding initiated pursuant to section one hundred fifteen-b of this  article  relating  to the  revocation  of an adoption consent, when such proceeding involves a child born out-of-wedlock provided, however, that such notice shall  not be  required  to  be  given  to any person who previously has been given notice of any proceeding involving the child, pursuant to section  three hundred  eighty-four-c  of the social services law, and provided further that notice in an adoption proceeding, pursuant to  this  section  shall not  be  required  to be given to any person who has previously received notice of any proceeding pursuant to section one  hundred  fifteen-b  of this  article.  In  addition  to  such  other  requirements  as  may  be applicable to the petition in any proceeding in  which  notice  must  be given  pursuant  to this section, the petition shall set forth the names and last known addresses of all persons required to be given  notice  of the  proceeding,  pursuant  to this section, and there shall be shown by the petition or by affidavit or other proof satisfactory  to  the  court that there are no persons other than those set forth in the petition who are  entitled to notice. For the purpose of determining persons entitled to notice of adoption proceedings initiated pursuant  to  this  article, persons  specified  in subdivision two of this section shall not include any person who has been convicted of one or more of the following sexual offenses in this state or convicted of one or more offenses  in  another jurisdiction  which, if committed in this state, would constitute one or more of the following offenses, when the child who is the subject of the proceeding was conceived as a  result:  (A)  rape  in  first  or  second degree;  (B)  course  of  sexual  conduct  against  a child in the first degree; (C) predatory sexual assault; or (D)  predatory  sexual  assault against a child.   2.  Persons  entitled  to  notice, pursuant to subdivision one of this section, shall include:  (a) any person adjudicated by a court in this state to be  the  father of the child;  (b) any person adjudicated by a court of another state or territory of the  United  States to be the father of the child, when a certified copy of the court order has been filed with  the  putative  father  registry, pursuant  to  section three hundred seventy-two-c of the social services law;  (c) any person who has timely filed an unrevoked notice of  intent  to claim  paternity  of  the  child,  pursuant  to  section  three  hundred seventy-two-c of the social services law;  (d) any person who is recorded on the child's birth certificate as the child's father;  (e) any person who is openly living with the  child  and  the  child's mother  at  the  time  the  proceeding  is  initiated and who is holding himself out to be the child's father;  (f) any person who has been identified as the child's  father  by  the mother in written, sworn statement;  (g) any person who was married to the child's mother within six months subsequent  to  the  birth  of the child and prior to the execution of a surrender instrument or the  initiation  of  a  proceeding  pursuant  to section three hundred eighty-four-b of the social services law; and  (h)  any  person  who  has  filed with the putative father registry an instrument acknowledging paternity of the  child,  pursuant  to  section 4-1.2 of the estates, powers and trusts law.   3.  The provisions of this section shall not apply to persons entitled to notice pursuant to section one hundred eleven.   The sole purpose of notice under this section shall be to  enable  the person  served  pursuant  to  subdivision two to present evidence to the court relevant to the best interests of the child.   4. Notice under this section shall be given at least twenty days prior to the proceeding by delivery of a copy of the petition  and  notice  to the  person.  Upon a showing to the court, by affidavit or otherwise, on or before the date of the proceeding or within such further time as  the court  may  allow,  that  personal  service  cannot  be  effected at the person's last known address with reasonable effort, notice may be given, without prior court order therefor, at least twenty days  prior  to  the proceeding by registered or certified mail directed to the person's last known address or, where the person has filed a notice of intent to claim paternity  pursuant to section three hundred seventy-two-c of the social services law, to the address last entered therein. Notice by publication shall not be required to  be  given  to  a  person  entitled  to  notice pursuant to the provisions of this section.   5.  A  person  may  waive  his  right  to notice under this section by written instrument subscribed by him and acknowledged or proved  in  the manner  required for the execution of a surrender instrument pursuant to section three hundred eighty-four of the social services law.   6. The notice given to persons pursuant to this section  shall  inform them  of  the  time, date, place and purpose of the proceeding and shall also apprise such persons that their failure to appear shall  constitute a denial of their interest in the child which denial may result, without further  notice,  in the adoption or other disposition of the custody of the child.   7. No order of adoption and no order of the court pursuant to  section one  hundred  fifteen-b  shall be vacated, annulled or reversed upon the application of any  person  who  was  properly  served  with  notice  in accordance  with this section but failed to appear, or who waived notice pursuant to subdivision  five.  Nor  shall  any  order  of  adoption  be vacated, annulled or reversed upon the application of any person who was properly  served  with  notice  in  accordance  with this section in any previous proceeding pursuant to section one hundred fifteen-b  in  which the  court  determined  that  the  best  interests of the child would be served by adoption of the child by the adoptive parents.