reglab/statecodes huggingface dataset:
2023 New York Laws › DOM - Domestic Relations › Article 5-A - Uniform Child Custody Jurisdiction and Enforcement Act › Title 2 - Jurisdiction › 76-E - Simultaneous Proceedings.

§  76-e.  Simultaneous proceedings. 1. Except as otherwise provided in
section seventy-six-c of this title, a  court  of  this  state  may  not
exercise  its  jurisdiction  under  this  title  if,  at the time of the
commencement of the proceeding, a proceeding concerning the  custody  of
the  child  has  been  commenced  in  a  court  of  another state having
jurisdiction substantially in conformity with this article,  unless  the
proceeding  has  been  terminated or is stayed by the court of the other
state because a court of this state is a  more  convenient  forum  under
section seventy-six-f of this title.
2.  Except  as  otherwise  provided  in  section seventy-six-c of this
title, a court of this state, before hearing a child custody proceeding,
shall examine the court documents and other information supplied by  the
parties  pursuant  to  section seventy-six-h of this title. If the court
determines that a child custody proceeding has been commenced in a court
in another state having jurisdiction substantially  in  accordance  with
this  article,  the  court  of  this state shall stay its proceeding and
communicate with the court of the other state. If the court of the state
having jurisdiction substantially in accordance with this  article  does
not  determine that the court of this state is a more appropriate forum,
the court of this state shall dismiss the proceeding.
3. In a proceeding to modify a child custody determination, a court of
this  state  shall  determine  whether  a  proceeding  to  enforce   the
determination  has  been  commenced in another state. If a proceeding to
enforce a child custody determination  has  been  commenced  in  another
state, the court may:
(a) stay the proceeding for modification pending the entry of an order
of a court of the other state enforcing, staying, denying, or dismissing
the proceeding for enforcement:
(b)  enjoin  the  parties  from  continuing  with  the  proceeding for
enforcement; or
(c) proceed  with  the  modification  under  conditions  it  considers
appropriate.
2023 New York Laws › DOM - Domestic Relations › Article 5-A - Uniform Child Custody Jurisdiction and Enforcement Act › Title 2 - Jurisdiction › 76-F - Inconvenient Forum.

§  76-f.  Inconvenient  forum.  1.  A  court  of  this state which has
jurisdiction under this article to make a  child  custody  determination
may  decline  to  exercise its jurisdiction at any time if it determines
that it is an inconvenient forum under  the  circumstances  and  that  a
court  of  another  state  is  a  more  appropriate  forum. The issue of
inconvenient forum may be raised upon motion of a party,  the  child  or
the  child's  attorney,  or  upon  the court's own motion, or request of
another court.
2. Before determining whether it is an inconvenient forum, a court  of
this  state  shall  consider  whether  it  is appropriate for a court of
another state to exercise jurisdiction.  For  this  purpose,  the  court
shall  allow  the  parties  to submit information and shall consider all
relevant factors, including:
(a) whether domestic violence or mistreatment or abuse of a  child  or
sibling  has  occurred and is likely to continue in the future and which
state could best protect the parties and the child;
(b) the length of time the child has resided outside this state;
(c) the distance between the court in this state and the court in  the
state that would assume jurisdiction;
(d) the relative financial circumstances of the parties;
(e)  any  agreement  of  the  parties  as to which state should assume
jurisdiction;
(f) the nature and location of the evidence required  to  resolve  the
pending litigation, including testimony of the child;
(g)  the  ability  of  the  court  of  each  state to decide the issue
expeditiously and the procedures necessary to present the evidence; and
(h) the familiarity of the court of each  state  with  the  facts  and
issues in the pending litigation.
3.  If  a  court  of  this state determines that it is an inconvenient
forum and that a court of another state is a more appropriate forum,  it
shall   stay  the  proceedings  upon  condition  that  a  child  custody
proceeding be promptly commenced in another  designated  state  and  may
impose any other condition the court considers just and proper.
4.  A  court  of  this  state may decline to exercise its jurisdiction
under this article if a child custody determination is incidental to  an
action   for   divorce  or  another  proceeding  while  still  retaining
jurisdiction over the divorce or other proceeding.
2023 New York Laws › DOM - Domestic Relations › Article 5-A - Uniform Child Custody Jurisdiction and Enforcement Act › Title 2 - Jurisdiction › 76-G - Jurisdiction Declined by Reason of Conduct.

§  76-g.  Jurisdiction  declined  by  reason  of conduct. 1. Except as
otherwise provided in section seventy-six-c of this title  or  by  other
law  of this state, if a court of this state has jurisdiction under this
article because a person seeking to invoke its jurisdiction has  engaged
in  unjustifiable  conduct,  the  court  shall  decline  to exercise its
jurisdiction unless:
(a) the parents and all persons acting as parents have  acquiesced  in
the exercise of jurisdiction;
(b)  a court of the state otherwise having jurisdiction under sections
seventy-six through seventy-six-b of this  title  determines  that  this
state  is  a  more appropriate forum under section seventy-six-f of this
title; or
(c) no court of any other state  would  have  jurisdiction  under  the
criteria specified in sections seventy-six through seventy-six-b of this
title.
2.  If  a  court  of  this state declines to exercise its jurisdiction
pursuant  to  subdivision  one  of  this  section,  it  may  fashion  an
appropriate  remedy  to  ensure  the  safety  of the child and prevent a
repetition  of  the  unjustifiable  conduct,   including   staying   the
proceeding  until  a  child  custody  proceeding is commenced in a court
having jurisdiction under sections seventy-six through seventy-six-b  of
this title.
3.  If  a  court dismisses a petition or stays a proceeding because it
declines to exercise its jurisdiction pursuant  to  subdivision  one  of
this  section,  it  shall assess against the party seeking to invoke its
jurisdiction  necessary  and  reasonable   expenses   including   costs,
communication  expenses,  attorney's  fees, investigative fees, expenses
for witnesses, travel expenses, and child care during the course of  the
proceedings, unless the party from whom fees are sought establishes that
the  assessment would be inappropriate. No fees, costs or expenses shall
be assessed against a party who is fleeing an  incident  or  pattern  of
domestic violence or mistreatment or abuse of a child or sibling, unless
the  court  is  convinced  by  a  preponderance  of  evidence  that such
assessment would be clearly appropriate. The court may not assess  fees,
costs,  or  expenses  against  this state unless authorized by law other
than this article.
4. In making a determination under this section,  a  court  shall  not
consider  as  a factor weighing against the petitioner any taking of the
child, or retention of the  child  after  a  visit  or  other  temporary
relinquishment  of  physical  custody,  from  the  person  who has legal
custody, if there is evidence that the taking or retention of the  child
was  to  protect  the  petitioner from domestic violence or the child or
sibling from mistreatment or abuse.
2023 New York Laws › DOM - Domestic Relations › Article 5-A - Uniform Child Custody Jurisdiction and Enforcement Act › Title 2 - Jurisdiction › 76-I - Appearance of Parties and Child.

§  76-i.  Appearance  of  parties  and  child.  1.  In a child custody
  proceeding in this state, the court may order a party to the  proceeding
  who  is  in  this  state  to  appear  before the court in person with or
  without the child. The court may order any person who is in  this  state
  and who has physical custody or control of the child to appear in person
  with the child.
2.  If a party to a child custody proceeding whose presence is desired
  by the court is outside this state, the court may order  that  a  notice
  given  pursuant  to  section  seventy-five-g  of  this article include a
  statement directing the party to appear in person with  or  without  the
  child  and  informing  the  party that failure to appear may result in a
  decision adverse to the party.
3. The court may enter any orders necessary to ensure  the  safety  of
  the child and of any person ordered to appear under this section.
4.  If a party to a child custody proceeding who is outside this state
  is directed to appear under subdivision two of this section  or  desires
  to  appear  personally  before  the court with or without the child, the
  court may require another party to pay reasonable and  necessary  travel
  and other expenses of the party so appearing and of the child.
2023 New York Laws › DOM - Domestic Relations › Article 5-A - Uniform Child Custody Jurisdiction and Enforcement Act › Title 3 - Enforcement › 77 - Definitions.

§ 77. Definitions. As used in this title:
1.  "Petitioner"  means a person who seeks enforcement of an order for
  return of a child under the Hague Convention on  the  Civil  Aspects  of
  International   Child  Abduction  or  enforcement  of  a  child  custody
  determination.
2. "Respondent" means a person against  whom  a  proceeding  has  been
  commenced  for  enforcement  of an order for return of a child under the
  Hague Convention on the Civil Aspects of International  Child  Abduction
  or enforcement of a child custody determination.
2023 New York Laws › DOM - Domestic Relations › Article 5-A - Uniform Child Custody Jurisdiction and Enforcement Act › Title 3 - Enforcement › 77-A - Enforcement Under Hague Convention.

§ 77-a. Enforcement under Hague Convention. Under this act, a court of
  this  state  may enforce an order for the return of the child made under
  the Hague  Convention  on  the  Civil  Aspects  of  International  Child
  Abduction as if it were a child custody determination.
2023 New York Laws › DOM - Domestic Relations › Article 5-A - Uniform Child Custody Jurisdiction and Enforcement Act › Title 3 - Enforcement › 77-B - Duty to Enforce.

§  77-b. Duty to enforce. 1. A court of this state shall recognize and
  enforce a child custody determination of a court of another state if the
  latter court exercised jurisdiction in substantial conformity with  this
  article  or  the  determination  was  made  under  factual circumstances
  meeting  the  jurisdictional  standards  of   this   article   and   the
  determination  has  not  been  modified in accordance with this article;
  provided, however, that recognition and enforcement of the determination
  would not violate subdivision one-c of section two hundred forty of this
  chapter or section one thousand eighty-five of the family court act.
2. A court of this state may utilize any remedy available under  other
  law  of  this  state  to enforce a child custody determination made by a
  court of  another  state.  The  remedies  provided  in  this  title  are
  cumulative  and  do  not  affect  the  availability of other remedies to
  enforce a child custody determination.
2023 New York Laws › DOM - Domestic Relations › Article 5-A - Uniform Child Custody Jurisdiction and Enforcement Act › Title 3 - Enforcement › 77-C - Temporary Visitation.

§  77-c. Temporary visitation. 1. A court of this state which does not
have jurisdiction to modify  a  child  custody  determination,  may,  if
consistent  with  subdivision one-c of section two hundred forty of this
chapter or section one thousand eighty-five of  the  family  court  act,
issue a temporary order enforcing:
(a) a visitation schedule made by a court of another state; or
(b)  the  visitation  provisions  of  a child custody determination of
another state that does not provide for a specific visitation schedule.
2. If a court of this state makes an  order  under  paragraph  (b)  of
subdivision  one of this section, it shall specify in the order a period
that it considers adequate to allow the petitioner to  obtain  an  order
from  a  court having jurisdiction under the criteria specified in title
two of this article. The order remains  in  effect  until  an  order  is
obtained from the other court or the period expires.
2023 New York Laws › DOM - Domestic Relations › Article 5-A - Uniform Child Custody Jurisdiction and Enforcement Act › Title 3 - Enforcement › 77-E - Enforcement of Registered Determination.

§  77-e.  Enforcement  of registered determination. 1. A court of this
  state may grant any relief normally available under  the  laws  of  this
  state  to  enforce  a  registered  child custody determination made by a
  court of another state.
2. A court of this state shall recognize  and  enforce,  but  may  not
  modify,  except  in  accordance  with  title  two  of  this  article,  a
  registered child custody determination of  a  court  of  another  state;
  provided, however, that recognition and enforcement of the determination
  would not violate subdivision one-c of section two hundred forty of this
  chapter or section one thousand eighty-five of the family court act.
2023 New York Laws › DOM - Domestic Relations › Article 5-A - Uniform Child Custody Jurisdiction and Enforcement Act › Title 3 - Enforcement › 77-F - Simultaneous Proceedings.

§  77-f.  Simultaneous  proceedings.  If  a proceeding for enforcement
  under this title is commenced in a court of this  state  and  the  court
  determines that a proceeding to modify the determination is pending in a
  court  of  another state having jurisdiction to modify the determination
  under title two of this article, the enforcing court  shall  immediately
  communicate  with  the  modifying  court. The proceeding for enforcement
  continues unless  the  enforcing  court,  after  consultation  with  the
  modifying court, stays or dismisses the proceeding.
2023 New York Laws › DOM - Domestic Relations › Article 5-A - Uniform Child Custody Jurisdiction and Enforcement Act › Title 3 - Enforcement › 77-H - Service of Petition and Order.

§ 77-h. Service of petition and order. Except as otherwise provided in
  section  seventy-seven-j  of  this title, the petition and order must be
  served, by any  method  authorized  by  the  law  of  this  state,  upon
  respondent and any person who has physical custody of the child. Service
  may  be  made  outside  the  state  in  the manner prescribed by section
  seventy-five-g of this article.
2023 New York Laws › DOM - Domestic Relations › Article 5-A - Uniform Child Custody Jurisdiction and Enforcement Act › Title 3 - Enforcement › 77-I - Hearing and Order.

§  77-i.  Hearing  and  order.  1. Unless the court issues a temporary
emergency order pursuant to section seventy-six-c of this article,  upon
a finding that a petitioner is entitled to immediate physical custody of
the  child, the court shall order that the petitioner may take immediate
physical custody of the child unless the respondent establishes that:
(a) the child  custody  determination  has  not  been  registered  and
confirmed under section seventy-seven-d of this title and that:
(i)  the  issuing  court  did not have jurisdiction under title two of
this article;
(ii) the child custody determination for which enforcement  is  sought
has  been  vacated,  stayed,  or  modified  by a court of a state having
jurisdiction to do so under title two of this article or enforcement  of
the determination would violate subdivision one-c of section two hundred
forty  of this chapter or section one thousand eighty-five of the family
court act; or
(iii) the respondent was entitled to notice, but notice was not  given
in  accordance  with  the  standards  of  section seventy-five-g of this
article, in the proceedings before the court that issued the  order  for
which enforcement is sought; or
(b)  the  child  custody determination for which enforcement is sought
was registered and confirmed under section seventy-seven-d of this title
but has been vacated, stayed, or modified by a court of a  state  having
jurisdiction to do so under title two of this article.
2.  The  court  shall  award  the fees, costs, and expenses authorized
under section seventy-seven-k of this title  and  may  grant  additional
relief,  including  a  request  for  the  assistance  of law enforcement
officials, and set a further hearing  to  determine  whether  additional
relief is appropriate.
3.  If  a party called to testify refuses to answer on the ground that
the testimony may be self-incriminating, the court may draw  an  adverse
inference from the refusal.
4.  A  privilege  against disclosure of communications between spouses
and a defense of immunity based on the relationship of husband and  wife
or parent and child may not be invoked in a proceeding under this act.
2023 New York Laws › DOM - Domestic Relations › Article 5-A - Uniform Child Custody Jurisdiction and Enforcement Act › Title 3 - Enforcement › 77-J - Warrant to Take Physical Custody of Child.

§  77-j. Warrant to take physical custody of child. 1. Upon the filing
of a petition seeking enforcement of a child custody determination,  the
petitioner may file a verified application for the issuance of a warrant
to  take  physical custody of the child if the child is at imminent risk
of suffering serious physical harm or of removal from this state.
2. If the court,  upon  the  testimony  of  the  petitioner  or  other
witness,  finds  that  the  child  is  likely to suffer imminent serious
physical harm or to be removed from this state, it may issue  a  warrant
to   take  physical  custody  of  the  child.  Except  in  extraordinary
circumstances, the petition must be heard on the next  court  day  after
the warrant is executed. Any adjournment for extraordinary circumstances
shall  be  for  not  more than three court days. The application for the
warrant must include the  statements  required  by  subdivision  two  of
section seventy-seven-g of this title.
3. A warrant to take physical custody of a child must:
(a)  recite  the  facts  upon  which  a conclusion of imminent serious
physical harm or removal from the jurisdiction is based;
(b) direct law enforcement officers to take physical  custody  of  the
child  immediately  and  deliver  the  child to the petitioner or, where
necessary, to act jointly with the local  child  protective  service  to
take immediate steps to protect the child; and
(c) provide for the placement of the child pending final relief.
4. The respondent must be served with the petition, warrant, and order
immediately after the child is taken into physical custody.
5.  A  warrant  to  take  physical  custody  of a child is enforceable
throughout this state. If the court finds on the basis of the  testimony
of  the  petitioner or other witness that a less intrusive remedy is not
effective, it may authorize law enforcement officers  to  enter  private
property  in  order  to execute the warrant and take physical custody of
the child.  If  required  by  exigent  circumstances  of  the  case  and
necessary  to  the  protection of the child, the court may authorize law
enforcement officers to make a forcible entry at any hour.
6. The court may impose conditions upon placement of a child to ensure
the appearance of the child and the child's custodian.
2023 New York Laws › DOM - Domestic Relations › Article 5-A - Uniform Child Custody Jurisdiction and Enforcement Act › Title 3 - Enforcement › 77-K - Costs, Fees and Expenses.

§  77-k.  Costs,  fees  and  expenses.  1.  The  court shall award the
  prevailing party, including a state, necessary and  reasonable  expenses
  incurred  by  or  on behalf of the party, including costs, communication
  expenses, attorney's fees, investigative fees, expenses  for  witnesses,
  travel  expenses,  and  child care during the course of the proceedings,
  unless the party from whom fees or expenses are sought establishes  that
  the  award  would  be inappropriate. No fees, costs or expenses shall be
  assessed against a party who is fleeing an incident of domestic violence
  or mistreatment or abuse of a child or  sibling,  unless  the  court  is
  convinced  by  a preponderance of evidence that such assessment would be
  clearly appropriate.
2. The court may not assess fees, costs, or expenses against  a  state
  unless authorized by law other than this article.
2023 New York Laws › DOM - Domestic Relations › Article 5-A - Uniform Child Custody Jurisdiction and Enforcement Act › Title 3 - Enforcement › 77-L - Recognition and Enforcement.

§  77-l.  Recognition  and  enforcement.  A  court of this state shall
  accord full faith and credit to an order issued  by  another  state  and
  consistent   with   this   article   which   enforces  a  child  custody
  determination by a court of another state  unless  the  order  has  been
  vacated,  stayed,  or  modified  by a court having jurisdiction to do so
  under title two of this  article,  unless  recognition  and  enforcement
  would  violate  subdivision  one-c  of section two hundred forty of this
  chapter or section one thousand eighty-five of the family court act.
2023 New York Laws › DOM - Domestic Relations › Article 5-A - Uniform Child Custody Jurisdiction and Enforcement Act › Title 3 - Enforcement › 77-M - Appeals.

§  77-m.  Appeals.  An  appeal  may  be  taken from a final order in a
  proceeding under this title in accordance with article fifty-five of the
  civil practice law and rules and article eleven of the family court  act
  and  may be granted a preference in the discretion of the court to which
  the appeal is taken. Unless the court enters a temporary emergency order
  under section seventy-six-c of this article, the enforcing court may not
  stay an order enforcing a child custody determination pending appeal.
2023 New York Laws › DOM - Domestic Relations › Article 5-A - Uniform Child Custody Jurisdiction and Enforcement Act › Title 3 - Enforcement › 77-N - Role of Prosecutor or Public Official.

§  77-n.  Role  of prosecutor or public official. 1. In a case arising
under this article or  involving  the  Hague  Convention  on  the  Civil
Aspects  of  International  Child  Abduction,  the  prosecutor  or other
appropriate public official may take any lawful action, including resort
to a proceeding under this title or any other available civil proceeding
to locate a child, obtain the return of a  child,  or  enforce  a  child
custody determination if there is:
(a) an existing child custody determination;
(b)  a  request  to  do  so  from  a  court in a pending child custody
proceeding;
(c) a reasonable belief that a criminal statute has been violated; or
(d) a reasonable belief that the child has been wrongfully removed  or
retained  in  violation  of the Hague Convention on the Civil Aspects of
International Child Abduction.
2. A prosecutor or  appropriate  public  official  acting  under  this
section  acts  on behalf of the state or local government entity and may
not represent any private party.
2023 New York Laws › DOM - Domestic Relations › Article 5-A - Uniform Child Custody Jurisdiction and Enforcement Act › Title 3 - Enforcement › 77-O - Role of Law Enforcement.

§  77-o.  Role  of  law enforcement. At the request of a prosecutor or
  other appropriate public official acting under  section  seventy-seven-n
  of  this  title,  a  law  enforcement officer, as defined in subdivision
  thirty-four of section 1.20 of the criminal procedure law, may take  any
  lawful  action  reasonably  necessary  to  locate a child or a party and
  assist a prosecutor or appropriate public official with responsibilities
  under section seventy-seven-n of this title.
2023 New York Laws › DOM - Domestic Relations › Article 5-A - Uniform Child Custody Jurisdiction and Enforcement Act › Title 3 - Enforcement › 77-P - Costs and Expenses.

§  77-p.  Costs  and expenses. If the respondent is not the prevailing
  party, the court may assess against the respondent all  direct  expenses
  and  costs  incurred  by  the  prosecutor  or  other  appropriate public
  official and law enforcement officers under section  seventy-seven-n  or
  seventy-seven-o of this title.
2023 New York Laws › DOM - Domestic Relations › Article 5-A - Uniform Child Custody Jurisdiction and Enforcement Act › Title 4 - Miscellaneous Provisions › 78 - Application and Construction.

§  78.  Application  and construction. In applying and construing this
  article, consideration must be given to the need to  promote  uniformity
  of  the  law  with respect to its subject matter among states that enact
  it.
2023 New York Laws › DOM - Domestic Relations › Article 5-A - Uniform Child Custody Jurisdiction and Enforcement Act › Title 4 - Miscellaneous Provisions › 78-A - Severability Clause.

§  78-a.  Severability clause. If any provision of this article or its
  application  to  any  person  or  circumstance  is  held  invalid,   the
  invalidity  does  not  affect  other  provisions or applications of this
  article which can be given  effect  without  the  invalid  provision  or
  application,  and  to  this  end  the  provisions  of  this  article are
  severable.
2023 New York Laws › DOM - Domestic Relations › Article 6 - Guardians › 80 - Guardians in Socage.

§  80.  Guardians in socage. Where a minor for whom a general guardian
  of the property has not been appointed shall acquire real property,  the
  guardianship  of  his  property  with the rights, powers and duties of a
  guardian in socage belongs: (1) to the parents jointly, or, if  they  be
  separated,  or divorced, to the parent who has been given the custody of
  the minor by a decree of court, or in the absence of such a  decree,  to
  the  parent  having  the  actual custody of the minor; (2) if one of the
  parents be dead, to the sole surviving parent; (3) if there be no father
  or mother, to the nearest and eldest relative of full age, not under any
  legal incapacity.
The rights and authority of every such guardian shall be superseded by
  a testamentary or other guardian appointed in pursuance of this  article
  or in pursuance of article ten of the surrogates court act.
2023 New York Laws › DOM - Domestic Relations › Article 6 - Guardians › 82 - Powers and Duties of Such Guardians.

§  82.  Powers  and  duties of such guardians. Every such disposition,
  from the time it takes effect, shall vest in the person to whom made, if
  he accepts the appointment, all the rights and powers, and  subject  him
  to all the duties and obligations of a guardian of such minor, and shall
  be  valid  and effectual against every other person claiming the custody
  and tuition of such minor, as guardian in socage or otherwise.   He  may
  take  the  custody  and  charge  of  the  tuition of such minor, and may
  maintain all proper actions for the wrongful taking or detention of  the
  minor,  and shall recover damages in such actions for the benefit of his
  ward.  He shall also take the custody and  management  of  the  personal
  estate of such minor and the profits of his real estate, during the time
  for  which  such  disposition  shall  have been made, and may bring such
  actions in relation thereto as a guardian in socage might by law.
2023 New York Laws › DOM - Domestic Relations › Article 6 - Guardians › 83 - Duties and Liabilities of All General Guardians.

§  83.  Duties  and  liabilities  of  all general guardians. A general
  guardian or guardian in socage shall safely keep  the  property  of  his
  ward  that shall come into his custody, and shall not make or suffer any
  waste, sale or destruction of such property or  inheritance,  but  shall
  keep  in repair and maintain the houses, gardens and other appurtenances
  to the lands of his ward, by and with the issues and profits thereof, or
  with such other moneys  belonging  to  his  ward  as  shall  be  in  his
  possession;  and  shall  deliver  the same to his ward, when he comes to
  full age, in at least as good condition as such  guardian  received  the
  same, inevitable decay and injury only excepted; and shall answer to his
  ward  for the issues and profits of the real estate, received by him, by
  a lawful account, to be settled before any  court,  judge  or  surrogate
  having  authority  to  settle  the  accounts of general and testamentary
  guardians; and any order, judgment or decree in any action or proceeding
  to settle such accounts may be enforced to the same extent, and in  like
  manner  as  in  the  case  of general and testamentary guardians. If any
  guardian shall make or suffer any waste,  sale  or  destruction  of  the
  inheritance  of  his ward, he shall lose the custody of the same, and of
  such ward, and shall be  liable  to  the  ward  for  any  damage  caused
  thereby.
2023 New York Laws › DOM - Domestic Relations › Article 7 - Adoption › Title 1 - Adoptions Generally › 109 - Definitions.

§  109.  Definitions. When used in this article, unless the context or
  subject matter manifestly requires a different interpretation:
1. "Adoptive parent" or "adoptor" shall mean  a  person  adopting  and
  "adoptive child" or "adoptee" shall mean a person adopted.
2. "Judge" shall mean a judge of the family court of any county in the
  state.
3. "Surrogate" shall mean the surrogate of any county in the state and
  any other judicial officer while acting in the capacity of surrogate.
4. "Authorized  agency"  shall mean an authorized agency as defined in
  the social services law and, for the  purpose  of  this  article,  shall
  include  such  corporations  incorporated or organized under the laws of
  this state as may be specifically authorized by  their  certificates  of
  incorporation to receive children for purposes of adoption.
5. "Private-placement  adoption"  shall  mean  any adoption other than
  that of a minor who has  been  placed  for  adoption  by  an  authorized
  agency.
6. "Lawful  custody"  shall mean a custody (a) specifically authorized
  by statute or (b) pursuant to judgment, decree or order of  a  court  or
  (c) otherwise authorized by law.
7. "A  child  who has been surrendered to an authorized agency for the
  purpose of adoption" shall mean a child who has been surrendered to such
  an  agency  pursuant  to  the  provisions  of  section   three   hundred
  eighty-three-c or three hundred eighty-four of the social services law.
2023 New York Laws › DOM - Domestic Relations › Article 7 - Adoption › Title 1 - Adoptions Generally › 111-B - Determination of Issue of Paternity by Surrogate; Limitations.

§   111-b.   Determination   of   issue  of  paternity  by  surrogate;
  limitations. 1. In  the  course  of  an  adoption  proceeding  conducted
  pursuant  to  this  article  the  surrogate  shall  have jurisdiction to
  determine any issue of paternity arising  in  the  course  of  the  same
  proceeding and to make findings and issue an order thereon.
2.  Such  determination shall be made substantially in accordance with
  the relevant and otherwise consistent provisions of the family court act
  except that the surrogate shall  have  no  power  to  grant  any  relief
  relating to support of the child as an incident thereto.
3.  A  judge of the family court shall continue to exercise all of the
  powers relating to adoption and declaration of paternity conferred  upon
  the family court by law.
2023 New York Laws › DOM - Domestic Relations › Article 7 - Adoption › Title 1 - Adoptions Generally › 111-C - Adoption Order From Foreign Country or Foreign Jurisdiction.

§ 111-c.  Adoption order from foreign country or foreign jurisdiction.
1. A final judgment of adoption granted by a judicial, administrative or
executive body of a jurisdiction or country other than the United States
shall have the same force and effect in this state as that  given  to  a
judgment of adoption entered by a court of competent jurisdiction of New
York state, without additional proceedings or documentation provided:
(a) either adopting parent is a resident of this state; and
(b)  the  validity  of  the  foreign adoption has been verified by the
granting of an IR-3, IH-3, or a successor immigrant visa, for the  child
by the United States Citizenship and Immigration Services.
2. Notwithstanding any other provision of law or rule or regulation to
the  contrary, an adoptive parent referred to in subdivision one of this
section shall not be required to petition a  court  in  this  state  for
adoption  of the child provided the conditions of paragraphs (a) and (b)
of subdivision one of this section are met. The foreign  adoption  shall
be  considered  "final"  under  the  laws  of  New  York  state upon the
satisfaction of paragraphs (a)  and  (b)  of  subdivision  one  of  this
section.
3.  Either  adoptive  parent  or a guardian or a guardian ad litem may
register the order in this state with the  judge  or  surrogate  of  the
county  in  which  the adoptive parent or parents reside. A petition for
registration of a foreign adoption order may be combined with a petition
for a name change. If the court finds that the  foreign  adoption  order
meets  the  requirements  of  subdivision one of this section, the court
shall issue a finding as to aspects of the foreign adoption, to wit, the
names of the adoptive parents, the name or names and reported birth date
of the adoptive child, the country of the adoptive  child's  birth,  the
country and the date of the foreign adoption, the state residency of the
adoptive  parent  or parents and adoptive child, and a finding as to the
date and issuance of an IR-3, IH-3, or a successor immigrant visa;  and,
the  court  shall  issue  an  order  of  adoption  to  the party who has
petitioned for such an order.
4. The judge or surrogate is hereby directed to expedite the  issuance
of  an order of adoption pursuant to the provisions of subdivision three
of this section in order to ensure minimal expense of time and money  to
the petitioning parties in attaining such order of adoption.
2023 New York Laws › DOM - Domestic Relations › Article 7 - Adoption › Title 1 - Adoptions Generally › 111-D - Consideration of Blindness During Adoption Proceedings.

§  111-d.  Consideration  of blindness during adoption proceedings. 1.
  The court may not deny or decide a petition for adoption solely  on  the
  basis  that  the  petitioner  is  blind. The blindness of the petitioner
  shall be considered relevant only to the extent that  the  court  finds,
  based  on  evidence  in  the record, that the blindness affects the best
  interests of the child whose adoption is the subject of the petition.
2. As used in this section, "blind" or "blindness" means:
a. vision that is 20/200 or less in the best corrected eye; or
b. vision that subtends an angle of not greater than twenty degrees in
  the best corrected eye.
2023 New York Laws › DOM - Domestic Relations › Article 7 - Adoption › Title 2 - Adoption From an Authorized Agency › 112-A - Expedited Calendaring of Adoption Proceedings.

§  112-a.  Expedited  calendaring  of  adoption  proceedings.  1.  The
adoption proceeding shall be deemed filed upon receipt by the  clerk  of
the  court  of  all  the  documents required in subdivisions two, two-a,
three, five and seven of section one hundred twelve of this  title,  and
by  rules of the court, together with an affidavit of readiness from the
petitioner's attorney. The affidavit of readiness shall attest that  the
petitioner has prepared a petition for the adoption of the child and has
collected  documentation as required by such rules and subdivisions two,
two-a, three and five of section one hundred twelve of this title.
2. Upon the filing of the documents required  by  subdivision  one  of
this  section,  the  court,  pursuant  to rules promulgated by the chief
administrator of the court, shall schedule the proceeding for a  review,
to take place within time frames established by such rules, to determine
if there is adequate basis for approving the adoption.
(a) If such basis is found, the appearance of the adoptive parents and
child  before the court for approval of the adoption shall be calendared
pursuant to such rules.
(b) If, upon the court's review, the court finds that there is not  an
adequate basis for approval of the adoption, the court shall direct such
further hearings, submissions or appearances as may be required, and the
proceedings shall be adjourned as required for such purposes.
3.  The  chief administrator of the court shall establish by rule time
frames for the calendaring and disposition of adoption  proceedings  and
shall  report  by  the  thirty-first day of December of each year to the
governor and the temporary president  of  the  senate,  speaker  of  the
assembly,  and  chairpersons  of the judiciary and children and families
committees on the implementation of such rules  and  their  impact  upon
adoptions from authorized agencies.
2023 New York Laws › DOM - Domestic Relations › Article 7 - Adoption › Title 2 - Adoption From an Authorized Agency › 113-A - Effect of Death of Potential Adoptive Parent.

§ 113-a. Effect of death of potential adoptive parent. Notwithstanding
  any other provision of law to the contrary, when a petition for adoption
  by  two  persons  has  been  duly filed, and one of the petitioners dies
  before the adoption is complete, it shall be  treated  as  a  change  of
  circumstance. This change may be reviewed to assure that the adoption is
  in  the  best  interest  of  the child. The death of one of the adoptive
  parents shall not, by itself, invalidate a certification nor  shall  the
  death  of  one of the adoptive parents cause a new petition for adoption
  to be filed. The deceased adoptive parent shall be considered one of the
  legal parents, unless the surviving adoptive parent requests otherwise.
2023 New York Laws › DOM - Domestic Relations › Article 7 - Adoption › Title 3 - Private-Placement Adoption › 115-C - Temporary Guardianship by Adoptive Parent.

§  115-c. Temporary guardianship by adoptive parent. In any case where
  physical custody of a child is transferred from the  child's  parent  or
  guardian to another person or persons for the purposes of adoption and a
  consent  to  the  adoption  of  such child has been executed pursuant to
  section one hundred fifteen-b of this  title,  the  adoptive  parent  or
  parents  shall, within ten court days of taking physical custody, either
  file a petition for adoption with a court of competent  jurisdiction  or
  file  an  application  for  temporary  guardianship of the person of the
  child pursuant to this section with the court in which the adoption will
  be filed, pursuant to  section  seventeen  hundred  twenty-five  of  the
  surrogate's  court procedure act or section six hundred sixty-one of the
  family court act except as otherwise provided herein.  Such  application
  shall  include an affidavit by the adoptive parent or parents describing
  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  material  to  such certification.   Such a
  petition for adoption shall also be deemed an application for  temporary
  guardianship,  where  no  prior  application  for an order for temporary
  guardianship has been filed.
In any case where the adoptive parent or parents take physical custody
  of an adoptive child and requirements for certification as  a  qualified
  adoptive  parent  or  parents  have been waived, pursuant to section one
  hundred  fifteen-d  of  this  title,  an   application   for   temporary
  guardianship or petition for adoption for such child shall be filed with
  the court not later than five court days from obtaining physical custody
  of  such  child.  Such  time  period  may be extended upon motion of any
  person or upon the court's own motion for good cause shown.
2023 New York Laws › DOM - Domestic Relations › Article 7 - Adoption › Title 3 - Private-Placement Adoption › 115-E - Effect of Death of Potential Adoptive Parent.

§ 115-e. Effect of death of potential adoptive parent. Notwithstanding
  any other provision of law to the contrary, when a petition for adoption
  by  two  persons  has  been  duly filed, and one of the petitioners dies
  before the adoption is complete, it shall be  treated  as  a  change  of
  circumstance. This change may be reviewed to assure that the adoption is
  in  the  best  interest  of  the child. The death of one of the adoptive
  parents shall not, by itself, invalidate a certification nor  shall  the
  death  of  one of the adoptive parents cause a new petition for adoption
  to be filed. The deceased adoptive parent shall be considered one of the
  legal parents, unless the surviving adoptive parent requests otherwise.
2023 New York Laws › DOM - Domestic Relations › Article 8 - Genetic Surrogate Parenting Contracts › 121 - Definitions.

§  121.  Definitions. When used in this article, unless the context or
subject matter manifestly requires a different interpretation:
1. "Genetic surrogate" shall mean a person who gives birth to a  child
who  is  the  person's  genetic  child  pursuant  to a genetic surrogate
parenting agreement.
2. "Genetic surrogate parenting agreement" shall mean  any  agreement,
oral or written, in which:
(a) a genetic surrogate agrees either to be inseminated with the sperm
of  a person who is not their spouse or to be impregnated with an embryo
that is the product of the genetic surrogate's ovum fertilized with  the
sperm of a person who is not their spouse; and
(b)  the  genetic  surrogate  agrees  to,  or intends to, surrender or
consent to  the  adoption  of  the  child  born  as  a  result  of  such
insemination or impregnation.
2023 New York Laws › DOM - Domestic Relations › Article 8 - Genetic Surrogate Parenting Contracts › 123 - Prohibitions and Penalties.

§  123. Prohibitions and penalties. 1. No person or other entity shall
knowingly request, accept, receive, pay or give any fee, compensation or
other remuneration, directly  or  indirectly,  in  connection  with  any
genetic  surrogate  parenting agreement, or induce, arrange or otherwise
assist in arranging a genetic surrogate parenting agreement for  a  fee,
compensation or other remuneration, except for:
(a)  payments  in connection with the adoption of a child permitted by
subdivision six of section three  hundred  seventy-four  of  the  social
services  law and disclosed pursuant to subdivision eight of section one
hundred fifteen of this chapter; or
(b) payments for reasonable  and  actual  medical  fees  and  hospital
expenses  for artificial insemination or in vitro fertilization services
incurred by the genetic surrogate in connection with the  birth  of  the
child.
2.  (a)  Any  party  to a genetic surrogate parenting agreement or the
spouse of any part  to  a  genetic  surrogate  parenting  agreement  who
violate  this  section shall be subject to a civil penalty not to exceed
five hundred dollars.
(b) Any other person or entity  who  or  which  induces,  arranges  or
otherwise  assists  in  the  formation  of a genetic surrogate parenting
contract for a fee, compensation  or  other  remuneration  or  otherwise
violates  this section shall be subject to a civil penalty not to exceed
ten thousand dollars and forfeiture  to  the  state  of  any  such  fee,
compensation  or  remuneration  in  accordance  with  the  provisions of
subdivision (a) of section seven thousand two hundred one of  the  civil
practice law and rules, for the first such offense. Any person or entity
who  or which induces, arranges or otherwise assists in the formation of
a genetic surrogate parenting contract for a fee, compensation or  other
remuneration  or otherwise violates this section, after having been once
subject to a civil penalty for violating this section, shall  be  guilty
of a felony.
2023 New York Laws › DOM - Domestic Relations › Article 8 - Genetic Surrogate Parenting Contracts › 124 - Proceedings Regarding Parental Rights, Status or Obligations.

§  124.  Proceedings regarding parental rights, status or obligations.
  In any action or proceeding  involving  a  purported  genetic  surrogacy
  parenting agreement, the parentage of the child will be determined based
  on the laws of New York state and:
1.  the court shall not consider the genetic surrogate's participation
  in a genetic surrogate parenting agreement as adverse to their  parental
  rights, status, or obligations; and
2.  the  court,  having regard to the circumstances of the case and of
  the respective parties including the parties' relative  ability  to  pay
  such  fees  and  expenses,  in  its  discretion  and in the interests of
  justice, may award to either party reasonable and  actual  counsel  fees
  and   legal   expenses  incurred  in  connection  with  such  action  or
  proceeding. Such award may be made in the order or judgment by which the
  particular action or proceeding is finally determined, or by one or more
  orders from time to time before the final order or judgment, or by  both
  such order or orders and the final order or judgment; provided, however,
  that  in  any  dispute  involving a genetic surrogate who has executed a
  valid surrender or consent to the  adoption,  nothing  in  this  section
  shall  empower  a court to make any award that it would not otherwise be
  empowered to direct.
2023 New York Laws › DOM - Domestic Relations › Article 9 - Action to Annul a Marriage or Declare It Void › 142 - Dismissal of Complaint in Action by Next Friend to Annul a Marriage.

§  142.  Dismissal  of  complaint  in action by next friend to annul a
  marriage.  Where  the  next  friend  of  an  infant,   person   with   a
  developmental  disability  or  person with a mental illness maintains an
  action annulling a marriage, the court  may  dismiss  the  complaint  if
  justice  so  requires,  although,  in  a  like  case,  the  party to the
  marriage, if plaintiff, would be entitled to judgment.
2023 New York Laws › DOM - Domestic Relations › Article 9 - Action to Annul a Marriage or Declare It Void › 143 - Jury Trial.

§  143.  Jury trial. In an action to annul a marriage, except where it
  is founded upon an allegation of the physical incapacity of one  of  the
  parties  thereto,  there is a right to trial by a jury of all the issues
  of fact.
2023 New York Laws › DOM - Domestic Relations › Article 9 - Action to Annul a Marriage or Declare It Void › 144 - Proof Required.

§  144.  Proof required. 1.  In an action to annul a marriage, a final
  judgment annulling the marriage shall not be  rendered  by  default  for
  want  of an appearance or pleading, or by consent, or upon a trial of an
  issue, without proof of the facts upon which the allegation  of  nullity
  is  founded.    Plaintiff  shall  prove  that  there  has  been  no such
  cohabitation between the parties as would bar a judgment except that  in
  an  action  under  subdivision  (c)  of  section  one  hundred forty the
  plaintiff may prove instead that the mental illness still continues.
2.   In any action, whether or  not  contested,  brought  to  annul  a
  marriage,  the declaration or confession of either party to the marriage
  is not alone sufficient as proof, but other satisfactory evidence of the
  facts must be produced.
2023 New York Laws › DOM - Domestic Relations › Article 9 - Action to Annul a Marriage or Declare It Void › 146 - Judgment, How Far Conclusive.

§  146.    Judgment, how far conclusive. A final judgment, annulling a
  marriage rendered during the lifetime of both the parties is  conclusive
  evidence  of  the invalidity of the marriage in every court of record or
  not of record, in any action or special proceeding, civil  or  criminal.
  Such a judgment rendered after the death of either party to the marriage
  is  conclusive  only  as  against  the  parties  to the action and those
  claiming under them.