NY Dom Rel L § 115-B (2021)
2021 New York Laws DOM - Domestic Relations Article 7 - Adoption Title 3 - Private-Placement Adoption 115-B - Special Provisions Relating to Consents in Private-Placement Adoptions.

§  115-b. Special provisions relating to consents in private-placement adoptions.  1.  A  duly  executed  and   acknowledged   consent   to   a private-placement  adoption shall state that no action or proceeding may be maintained by the consenting parent for the custody of the  child  to be adopted except as provided in this section. Notwithstanding any other section  of  law,  a  consent to adoption executed by a person who is in foster care shall only be executed before a judge of the family court.   2. Judicial consents. (a) A consent to a  private  placement  adoption may  be  executed  or acknowledged before any judge or surrogate in this state having jurisdiction over adoption proceedings. Such consent  shall state  that  it  is irrevocable upon such execution or acknowledgment. A consent executed or acknowledged before a court in another  state  shall satisfy the requirements of this section if it is executed by a resident of  the other state before a court of record which has jurisdiction over adoption proceedings  in  that  state,  and  a  certified  copy  of  the transcript  of that proceeding, showing compliance with paragraph (b) of this subdivision, is filed as part of the adoption  proceeding  in  this state.  (b)  At  the time that a parent appears before a judge or surrogate to execute or acknowledge a consent to adoption,  the  judge  or  surrogate shall inform such parent of the consequences of such act pursuant to the provisions of this section, including informing such parent of the right to  be represented by legal counsel of the parent's own choosing; of the right to obtain supportive counseling and of any rights the  parent  may have  pursuant to section two hundred sixty-two of the family court act, section four hundred seven of the surrogate's court  procedure  act,  or section  thirty-five  of the judiciary law. The judge or surrogate shall give such parent a copy of such consent upon the execution thereof.   3. Extrajudicial consents. (a) Whenever a consent is not  executed  or acknowledged  before a judge or surrogate pursuant to subdivision two of this section such consent shall become irrevocable forty-five days after the execution of the consent unless written notice of revocation thereof is received by the court in which  the  adoption  proceeding  is  to  be commenced within said forty-five days.  (b)  Notwithstanding  that such written notice is received within said forty-five days, the notice of revocation shall be given effect only  if the  adoptive  parents  fail  to  oppose such revocation, as provided in subdivision six of this section, or, if they oppose such revocation  and the  court as provided in subdivision six of this section has determined that the best interests of the child will be served by giving force  and effect to such revocation.   4.  (a)  In  any  case where a consent is not executed or acknowledged before a judge or surrogate pursuant to subdivision two of this section, the consent shall state, in conspicuous print of at least eighteen point type:  (i) the name and address of the court in which the adoption proceeding has been or is to be commenced; and  (ii) that the consent may be revoked within  forty-five  days  of  the execution  of  the  document and where the consent is not revoked within said forty-five days no proceeding may be maintained by the  parent  for the return of the custody of the child; and  (iii)  that  such  revocation  must  be in writing and received by the court where the adoption proceeding is to be commenced within forty-five days of the execution of said consent; and  (iv) that, if the adoptive  parents  contest  the  revocation,  timely notice  of  the  revocation will not necessarily result in the return of the child to the parent's custody, and that the rights of the parent  to custody  of  the  child  shall  not be superior to those of the adoptive  parents but that a hearing will be required before a judge  pursuant  to the  provisions  of this section to determine: (1) whether the notice of revocation was timely and properly given; and if necessary, (2)  whether the best interests of the child will be served by: (A) returning custody of the child to the parent; or (B) by continuing the adoption proceeding commenced  by  the  adoptive  parents;  or (C) by disposition other than adoption by the adoptive parents; or (D) by placement of the child  with an  authorized  agency, and if any such determination is made, the court shall make such disposition of the custody of the  child  as  will  best serve the interests of the child; and  (v)  that  the  parent  has  the  right to legal representation of the parent's own choosing; the right to obtain supportive counseling and may have the right to have the court appoint an attorney pursuant to section two hundred sixty-two of the family  court  act,  section  four  hundred seven  of the surrogate's court procedure act, or section thirty-five of the judiciary law.  (b) Such consent shall be executed or  acknowledged  before  a  notary public or other officer authorized to take proof of deeds.  (c)  A  copy  of  such  consent shall be given to such parent upon the execution thereof. The consent shall include  the  following  statement: "I,  (name  of  consenting  parent), this ____ day of __________, _____, have received a copy of this consent. (Signature of consenting parent)". Such consenting parent shall so acknowledge the delivery and the date of the delivery in writing on the consent.  (d) The adoptive parent may commence  the  adoption  proceeding  in  a court  of  competent  jurisdiction  other  than  the  court named in the consent  provided  that  such  commencement  is  initiated   more   than forty-five  days  after the consent is executed. Such commencement shall not revive, extend or toll  the  period  for  revocation  of  a  consent pursuant to this section.   5. For the purposes of commencing an adoption proceeding, the clerk of a  court of competent jurisdiction shall accept an adoption petition for filing which  is  complete  on  its  face  and  shall  not  require  any supplementary  documentation  as  a condition of filing. Nothing in this section shall compel a court to hear  an  adoption  petition  until  all documents  necessary  to  the adoption proceeding have been filed to the satisfaction of the court.   6. (a) A parent may revoke his consent  to  adoption  only  by  giving notice,  in  writing,  of such revocation, no later than forty-five days after the execution of the consent, or twenty days after the receipt  of a  notice  of denial, withdrawal or removal pursuant to paragraph (a) of subdivision  four  of  section  seventeen  hundred  twenty-five  of  the surrogate's  court  procedure  act,  whichever is later, to the court in which the adoption proceeding has been  or  is  to  be  commenced.  Such notice  shall  set  forth the name and address of the court in which the adoption proceeding is to be commenced, the address of  the  parent  and may, in addition, set forth the name and address of the attorney for the parent.  (b)  If,  within  forty-five days of the execution of the consent, the court has received such notice of revocation, the court  shall  promptly notify  the  adoptive  parents and their attorney, by certified mail, of the receipt by the court of such notice of revocation.  (i) Such notice to the adoptive parents shall set forth that if within fifteen days from the date of such notice the  court  has  not  received from  the  adoptive  parents  or  their attorneys notice, in writing, of their intention to oppose such revocation by the parents,  the  adoption proceeding  will  be  dismissed and that, in case of such dismissal, the court  will  send  to  the  parents,  the  adoptive  parents  and  their  respective  attorneys  the notice of dismissal, as provided in paragraph (c) of this subdivision.  (ii)  Such notice to the adoptive parents shall further set forth that if, within fifteen days from the date of such notice,  the  court  shall receive from the adoptive parents notice, in writing, of their intention to oppose such revocation by the parents, the court will, upon notice to the  parents,  the  adoptive  parents  and  their  respective attorneys, proceed, as  provided  in  paragraph  (d)  of  this  subdivision,  to  a determination  of whether such notice of revocation by the parents shall be given force and effect and to a  determination  of  what  disposition shall be made of the custody of the child.  (c) If the adoption proceeding is dismissed pursuant to the provisions of paragraph (b) of this subdivision,  (i)  Written  notice  of such dismissal shall forthwith be sent to the parent, the adoptive parents and their respective attorneys.  (ii) Such notice of dismissal shall set forth the name and address  of the parent, the name and address of the attorney for the parent, if any, the name and address of the attorney for the adoptive parents.  (iii)  Such  notice  of  dismissal shall further set forth that if the child is not returned to the custody of the parent within ten days  from the  date  of  such  notice  of dismissal, the court will forthwith upon request, in writing, by the parent or by the attorney  for  the  parent, furnish  to said parent or attorney so requesting, the names and address of the adoptive parents.  (iv) Such notice of dismissal shall further state that, in  the  event the  custody  of the child is not returned to the parent by the adoptive parents upon request therefor, a proceeding to  obtain  custody  may  be instituted by the parent in the Supreme Court or the Family Court.  (d)   If,  pursuant  to  the  provisions  of  paragraph  (b)  of  this subdivision, the adoptive parents give timely and proper notice of their intention to oppose the revocation of the parent's consent:  (i) The court shall promptly  notify,  in  writing,  the  parent,  the adoptive  parents,  their respective attorneys, and the attorney for the child appointed pursuant to section two hundred forty-nine of the family court act or a guardian ad litem  appointed  pursuant  to  section  four hundred  three-a  of the surrogate's court procedure act, that the court will, upon the date specified in such notice by the court,  or  as  soon thereafter  as the parties may be heard pursuant to this paragraph, hear and determine whether revocation of the consent of the parent was timely and properly given and whether the adoptive parent's notice of intent to oppose such revocation was timely and properly given and  if  necessary, hear  and  determine what disposition should be made with respect to the custody of the child.  (ii) The court shall, upon  the  date  specified,  take  proof  as  to whether  the  best  interests  of  the child will be served by returning custody of the child to the parents, or by the adoption of the child  by the  adoptive  parents,  or by placement of the child with an authorized agency for foster care with or  without  authority  to  consent  to  the adoption  of  the  child,  or by other disposition of the custody of the child.  (iii) If the court determines that the best  interests  of  the  child will  be  served  by  returning custody of the child to the parent or by placement of the child with an authorized agency or by disposition other than adoption by the adoptive parents, the revocation of  consent  shall be  given  force and effect and the court shall make such disposition of the custody of the child as will best serve the interests of the child.  (iv) If the court determines that the best interests of the child will be served by adoption of the child by the adoptive  parents,  the  court  shall  enter  an  order  denying  any  force  or effect to the notice of revocation of consent and shall dispose of the custody of the  child  as if no such notice of revocation had been given by the parent.  (v)  In  such  proceeding  the parent or parents who consented to such adoption shall have no right to the custody of  the  child  superior  to that of the adoptive parents, notwithstanding that the parent or parents who  consented  to  the  adoption  are  fit,  competent and able to duly maintain, support and educate the child. The custody of such child shall be awarded solely on the basis of the best interests of the  child,  and there  shall  be  no presumption that such interests will be promoted by any particular custodial disposition.   7. Nothing contained in this section shall limit or affect  the  power and  authority  of  the court in an adoption proceeding, pursuant to the provisions of section one hundred sixteen of this title, to  remove  the child  from  the  home of the adoptive parents, upon the ground that the welfare of the child requires such action, and thereupon to  return  the child  to  a  birth parent or place the child with an authorized agency, or, in the case of a surrogate, transfer the child to the family  court; nor  shall this section bar actions or proceedings brought on the ground of fraud, duress or coercion  in  the  execution  or  inducement  of  an adoption consent.   8.  Notwithstanding  any  other  provision  of  this section, a parent having custody of a child whose adoption is sought by his or her  spouse need only consent that his or her child be adopted by a named stepfather or stepmother.   9.  Any  consent to adoption 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.