2023 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:  (a) in the case of the adoption of a child
transferred to the custody and guardianship  of  an  authorized  agency,
foster   parent,   or   relative   pursuant  to  section  three  hundred
eighty-four-b of the social services law or a child transferred  to  the
custody  and  guardianship  of  an authorized agency pursuant to section
three hundred eighty-three-c of the social services law; or (b)  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.