NY Dom Rel L § 115-A (2021)
2021 New York Laws DOM - Domestic Relations Article 7 - Adoption Title 3 - Private-Placement Adoption 115-A - Special Provisions Relating to Children to Be Brought Into the State for Private-Placement Adoption.

§  115-a.  Special  provisions relating to children to be brought into the state for private-placement adoption. 1. In  the  case  of  a  child whose  admission  to  the  United  States  as  an  eligible  orphan with non-quota immigrant status  pursuant  to  the  federal  immigration  and nationality  act  is  sought for the purpose of adoption in the state of New York, the following pre-adoption  requirements  shall  be  observed: (a)  The adoptive parents or parent must present to a judge or surrogate having jurisdiction of adoption proceedings, in the county of  residence of  such  adoptive  parents  or  parent,  a verified written application containing the information set forth in subdivision two of this section, in such form as the judge or surrogate may prescribe  for  an  order  of pre-adoption  investigation, to determine whether the adoption may be in the best interests of the child.   (b) The adoptive  parents  or  parent must  appear  for examination before the judge or surrogate of the court where the pre-adoption proceedings are instituted.  (c)  The  application  must  be  accompanied  by  duly   authenticated documentary  evidence:  (1)  that the child is an alien under the age of sixteen  and  (2)  that  he  is  an  orphan  because  of  the  death  or disappearance  of  both parents, or because of abandonment, or desertion by, or separation or loss from, both parents, or who has only one parent due to the death or disappearance of, abandonment, or desertion  by,  or separation  or  loss  from the other parent, and the remaining parent is incapable  of  providing  care  for  such  orphan  and  has  in  writing irrevocably  released him for emigration and adoption, and has consented to the proposed adoption. In all cases where the orphan has no remaining parent under the circumstances set  forth  above,  documentary  evidence must  be presented that the person, public authority or duly constituted agency having lawful custody of the orphan at the time of the making  of the  application, hereunder, has in writing irrevocably released him for immigration and adoption and has consented to the proposed adoption  and (3)  that  the  adoptive  parents  agree to adopt and treat the adoptive child as their or his or her own lawful child.  (d) In addition thereto such additional releases and consents  as  the court may in its sound discretion require.   2.  The  verified  written  application  shall  contain  the following information: the names and place of residence of the adoptive parent  or parents;  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  name,  date and place of birth of the adoptive child as nearly as the same can  be  ascertained;  the  religious  faith  of  the adoptive  parent  or  parents; the religious faith of the adoptive child and his parents as nearly as the same can be  ascertained;  the  medical history  of the adoptive child as nearly as the same can be ascertained; the occupation and approximate income of the adoptive parent or parents, and the name by which the  adoptive  child  is  to  be  known;  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 has been previously adopted, if such fact is known to the adoptive parent or parents; the facts which establish  that the  child  is  an  eligible  orphan  who would be entitled to enter the United States  with  non-quota  immigrant  status  for  the  purpose  of adoption  in  New  York state, pursuant to the provisions in the federal immigration and nationality act, in such case  made;  the  circumstances whereby,  and names and addresses of the intermediaries, if any, through whom the adoptive  parent  or  parents  learned  of  the  existence  and eligibility  of  the  child and the names and addresses of the person or persons, public authority or duly constituted agency in the land of  the child's  residence  executing  the  written  release  of  the  child for  emigration  and  adoption,  and  the  consent  to  such  adoption,   the circumstances under which the release and consent were obtained, insofar as they are known to the adoptive parent or parents.   2-a.  The  verified  written  application  shall contain the following information: the heritage of the parents as nearly as the  same  can  be ascertained,  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.   3.   Upon   receiving   the  verified  written  application,  required documentary evidence, agreement and consents, the  judge  or  surrogate, upon  finding  that  the  applicable  provisions  of section one hundred fifteen-a have been complied with and that it appears that the  proposed adoption may be in the best interests of the child, shall issue an order of  pre-adoption  investigation  hereunder.  The  order  of pre-adoption investigation shall require that the report  of  such  investigation  be made  by  a  disinterested  person  who  in  the opinion of the judge or surrogate is qualified by training and experience, or by  an  authorized agency specifically designated by him to examine into the statements set forth  in  the application. The investigator shall make a written report of his investigation into the truth and accuracy of  the  statements  in the   application  and  where  applicable,  into  the  validity  of  the documentary evidence, submitted  with  the  application,  and  he  shall ascertain  as  fully  as  possible,  and  incorporate  in his report the various factors which may bear upon the determination of the application for adoption including, but not limited to, the following information:  (a) the marital and family status, and history, of adoptive parents;  (b) the physical and mental health of the adoptive parents;  (c) the property owned by and the income of the adoptive parents;  (d) the compensation paid or agreed upon with respect to the placement of the child for adoption;  (e) whether either adoptive parent has ever  been  respondent  in  any proceeding  concerning  allegedly  neglected,  abandoned  or  delinquent children;  (f) the desirability of bringing the child into  New  York  state  for private-placement adoption;  (g)   any  other  facts  relating  the  familial,  social,  religious, emotional and financial circumstances of the adoptive parents which  may be relevant to a determination of suitability of the adoption.   The written report of pre-adoption investigation shall be submitted to the  judge or surrogate within thirty days after the same is directed to be made, unless for good cause shown the judge or surrogate shall  grant a  reasonable  extension  of such period. The report shall be filed with the judge or surrogate, in any event, before the court shall  issue  its pre-adoption  certificate  that  it  appears that the adoption is in the best interests of the child.   4.  On the return of the pre-adoption investigation order the judge or surrogate  shall  examine  the  written  report  of   the   pre-adoption investigation, and shall determine upon the basis of such written report  and  such  further  proof,  if any, as he may deem necessary, whether to issue a pre-adoption certificate as provided for in this subdivision.   If  the  court  is  satisfied  that  the  adoption  may be in the best interests of the child, and that there  has  been  compliance  with  all requirements  hereof  and  is  satisfied  that  the  moral  and temporal interests of the child will be promoted by the adoption,  the  judge  or surrogate  shall  issue  an original certificate under seal of the court and two  certified  copies  thereof,  setting  forth  the  fact  that  a pre-adoption   investigation   has  been  conducted,  and  reciting  the documents and papers submitted therewith and stating that in the opinion of the court there is compliance with all applicable laws  and  that  it appears from such investigation that the moral and temporal interests of the  child  will  be  promoted  by  the  proposed adoption. The original certificate shall be filed with the clerk of the  court,  one  certified copy  with  the  state commissioner of social services, and the adoptive parents shall receive the second  certified  copy.  The  fact  that  the adoptive  child  was born out of wedlock shall in no case appear in such certificate. The written report of pre-adoption  investigation  together with  all  other papers pertaining to the pre-adoption investigation and the original certificate shall be kept  by  the  court  as  a  permanent record  and  such  papers  must be sealed by the judge and withheld from inspection.  No person shall be allowed access to  such  sealed  records and  original  certificate and any index thereof except upon an order of the court in which the pre-adoption certificate was made or an order  of a justice of the supreme court. No order for access and inspection shall be  granted  except  on  due  notice to the adoptive parents and on good cause shown.   In  like  manner  as  a  court  of  general  jurisdiction exercises  such  powers, the court in which the pre-adoption certificate was made may open, vacate or set aside such certificate for fraud, newly discovered evidence or other sufficient cause.   5. The private-placement adoption of children who  have  been  brought into  the  United  States and the state for such purpose and placed with the adoptive parent or parents, shall be effected after issuance of  the pre-adoption   certificate,  in  the  manner  provided  by  this  title, excepting that (a) the  petition  shall  also  recite  the  pre-adoption proceedings,  and  (b)  the  court  may in its discretion for good cause shown, waive a subsequent investigation.  In  such  case  the  order  of adoption shall recite the reason for such action.   6.  In  any  case  where  there  has been a failure to comply with the requirements of this section, if applicable, no order of adoption  shall be  made until one year after the court shall have received the petition to adopt. The court may shorten  such  waiting  period  for  good  cause shown,  and,  in such case the order of adoption shall recite the reason for such action.   7. The provisions of this section, shall  not  be  applicable  to  the adoption  of  children placed out or to be placed out for adoption by an authorized agency as defined in section three hundred seventy-one of the social services law.   8. Notwithstanding any provision of law to the contrary, where a child is placed with a couple or individual in New York state for the  purpose of  adoption,  and where said adoption has theretofore been finalized in the country of birth, outside the United States, the  couple  or  person may  petition  the court in their county of residence in New York state, for the readoption of said child in accordance with  the  provisions  of this  chapter,  providing  for  adoptions  originally  commenced in this state. In any proceeding for readoption, proof  of  finalization  of  an adoption  outside the United States shall be prima facie evidence of the  consent of those  parties  required  to  give  consent  to  an  adoption pursuant to section one hundred eleven of this article.