New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter C - Third Judicial Department › Article 1 - Appellate Division › Subarticle B - Attorneys › Part 806 - Conduct of Attorneys › Section 806.28 - Attorney's affidavit in agency and private placement adoptions

Current through Register Vol. 46, No. 28, July 10,
						  2024
(a) Every attorney
						  appearing for an adoptive parent, a natural parent or an adoption agency in an
						  adoption proceeding in the courts within this judicial department, shall, prior
						  to the entry of an adoption decree, file with the Office of Court
						  Administration of the State of New York, and with the court in which the
						  adoption proceeding has been initiated, a signed statement, under oath, setting
						  forth the following information:
(1) name of
						  attorney;
(2) association with firm
						  (if any);
(3) business
						  address;
(4) telephone
						  number;
(5) docket number of
						  adoption proceeding;
(6) court
						  where adoption has been filed;
(7)
						  the date and terms of every agreement, written or otherwise, between the
						  attorney and the adoptive parents, the natural parents or anyone else on their
						  behalf, pertaining to any compensation or thing of value paid or given or to be
						  paid or given by or on behalf of the adoptive parents or the natural parents,
						  including but not limited to retainer fees;
(8) the date and amount of any compensation
						  paid or thing of value given, and the amount of total compensation to be paid
						  or thing of value to be given to the attorney by the adoptive parents, the
						  natural parents or by anyone else on account of or incidental to any assistance
						  or service in connection with the proposed adoption;
(9) a brief statement of the nature of the
						  services rendered;
(10) the name
						  and address of any other attorney or attorneys who shared in the fees received
						  in connection with the services or to whom any compensation or thing of value
						  was paid or is to be paid, directly or indirectly, by the attorney. The amount
						  of such compensation or thing of value;
(11) the name and address of any other
						  attorney or attorneys, if known, who received or will receive any compensation
						  or thing of value, directly or indirectly, from the adoptive parents, natural
						  parents, agency or other source, on account of or incidental to any assistance
						  or service in connection with the proposed adoption. The amount of such
						  compensation or thing of value, if known;
(12) the name and address of any other
						  person, agency, association, corporation, institution, society or organization
						  who received or will receive any compensation or thing of value from the
						  attorney, directly or indirectly, on account of or incidental to any assistance
						  or service in connection with the proposed adoption. The amount of such
						  compensation or thing of value;
(13) the name and address, if known, of any
						  person, agency, association, corporation, institution, society or organization
						  to whom compensation or thing of value has been paid or given or is to be paid
						  or given by any source for the placing out of, or on account of or incidental
						  to assistance in arrangements for the placement or adoption of the adoptive
						  child. The amount of such compensation or thing of value and the services
						  performed or the purposes for which the payment was made; and
(14) a brief statement as to the date and
						  manner in which the initial contact occurred between the attorney and the
						  adoptive parents or natural parents with respect to the proposed
						  adoption.