2023 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 a noncitizen under  the  age
of  sixteen  and (2) that he or she 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 or her 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  or  her 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.