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

§  115. General provisions relating to private-placement adoptions. 1. (a) Except  as  otherwise  provided  in  this  title,  private-placement adoptions  shall  be effected in the same manner as provided in sections one hundred twelve and  one  hundred  fourteen  of  title  two  of  this article.  (b)  A  person  or  persons  seeking  to  commence a private-placement adoption shall, prior to the submission of a petition for such  adoption and  prior  to any transfer of physical custody of an adoptive child, be certified as a qualified adoptive  parent  or  parents  by  a  court  of competent jurisdiction pursuant to section one hundred fifteen-d of this title.    The  provisions of such section may be waived upon the court's own motion or upon the application of any party for good cause shown.  (c)  A  non-resident  person  or  persons  seeking   to   commence   a private-placement  adoption  of  a child present within the state at the time of placement shall, prior to any transfer of physical custody of an adoptive child,  make  application  for  certification  as  a  qualified adoptive parent or parents by a court of competent jurisdiction pursuant to section one hundred fifteen-d of this title. Upon application of such person  or  persons,  the court of the county to which the certification petition is properly filed  may  take  or  retain  jurisdiction  of  the adoption proceeding. The provisions of this paragraph may be waived upon the  court's  own  motion  or upon the application of any party for good cause shown.   2. The proceeding shall be instituted in the county where the adoptive parents reside or, if such adoptive parents do not reside in this state, in the county where the adoptive child resides.   3. The adoptive parents or parent, the adoptive child and all  persons whose  consent is required by section one hundred eleven of this article must appear for examination before the judge or surrogate of  the  court where  the  adoption  proceedings are instituted. The judge or surrogate may 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.   4. The agreement of adoption shall be executed by the adoptive parents or parent.   5. Where the petition alleges that either or both of the birth parents of  the  child have been deprived of civil rights or are mentally ill or mentally retarded, proof shall be submitted that such disability  exists at the time of the proposed adoption.   6. The adoptive parent or parents shall also present in an affidavit a description  of any change of circumstances since their certification as a qualified adoptive parent or parents, pursuant to section one  hundred fifteen-d  of  this  title,  which  may be relevant and material to such certification.   7. Where the adoptive child is to be adopted upon the consent of  some person  other  than  his father or mother, there shall also be presented the affidavit of such person showing  how  he  or  she  obtained  lawful custody of the child.   8.  The  adoptive  parent  or  parents shall also present an affidavit describing all fees, compensation and other remunerations paid  by  such parent  or  parents  on account of or incidental to the birth or care of the adoptive child, the pregnancy or care of the adoptive child's mother or the placement  or  adoption  of  the  child  and  on  account  of  or incidental to assistance in arrangements for such placement or adoption. The  attorney  representing  the  adoptive parents shall also present an affidavit describing  all  fees,  compensation  and  other  remuneration received by him on account of or incidental to the placement or adoption  of  the  child  or  assistance  in  arrangements  for  such placement or adoption.   9.  The petition must be verified, the agreement and consents executed and acknowledged, the proof given and the  affidavit  sworn  to  by  the respective  persons  before  such  judge  or  surrogate;  but  where the verification, agreement or consent of an adoptive parent,  birth  parent or   person   whose  consent  is  necessary  to  the  adoption  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 adoptive parent, birth parent or person.  The  judge  or  surrogate  may,  in  his  discretion, dispense  with  the  requirement  that  the  adoptive  child  appear for examination or join in the petition, where otherwise  required.  In  any adoption proceeding where the judge or surrogate shall dispense with the personal  appearance of such adoptive parent, birth parent, person whose consent is necessary to the adoption,  or  adoptive  child,  the  reason therefor must be for good cause shown, and shall be recited in the order of adoption.   10.  In  all  cases  where  the  consents  of the persons mentioned in subdivision two, three and four of section one hundred  eleven  of  this article  are not required or where the adoptive child is an adult notice of such application shall be served upon such persons as  the  judge  or surrogate may direct.   11.  The  provisions of title two prohibiting the surname of the child from appearing in the papers, prohibiting disclosure of the  surname  of the  child to the adoptive parents, and requiring a separate application for issuance of a certified copy of an order of adoption  prior  to  the sealing  of  the  papers,  requiring  the filing of a verified schedule, shall not apply to private-placement adoptions; provided, however,  that the  facts  required  to be stated in the verified schedule in an agency adoption shall be set forth in the petition.   12. (a) If the child who is being adopted was placed or  brought  into New  York  for  the purpose of adoption from a state which is a party to the interstate compact on the placement of children and  the  provisions of  the  compact applied to such placements, the petition must contain a statement that the provisions of section three hundred seventy-four-a of the social services law were complied with and  where  applicable,  that the provisions of section three hundred eighty-two of such law were also complied with.  (b)  If  the child who is being adopted was placed or brought into New York for the purpose of adoption from a state which is not  a  party  to the interstate compact on the placement of children, the petition, where applicable,  must  contain  a  statement  that the provisions of section three hundred eighty-two of the social services law were complied with.   13. If the placement of a child into the state of New York is  subject to  the provisions of sections three hundred seventy-four-a and/or three hundred eighty-two of the social services law, there shall  be  attached to   the   petition  a  copy  of  the  document  signed  by  New  York's administrator of the interstate compact on 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  and/or  a  copy  of the license which is issued pursuant to the provisions of section three hundred eighty-two of  the  social  services law  to  the  person, institution, corporation or agency which placed or brought the child into this state.