New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 205 - Uniform Rules For The Family Court › Section 205.53 - Papers required in an adoption proceeding

Current through Register Vol.
				  46, No. 28, July 10, 2024
(a) All papers submitted in an adoption
				  proceeding shall comply with section
				  205.7 of this Part.
(b) In addition to those papers
				  required by the Domestic Relations Law, the following papers, unless otherwise
				  dispensed with by the court, shall be submitted and filed prior to the
				  placement of any adoption proceeding on the calendar:
(1) a certified copy of the birth
				  certificate of the adoptive child;
(2) an affidavit or affidavits by an
				  attorney admitted to practice in the State of New York or, in the discretion of
				  the court, by a person other than an attorney who is known to the court,
				  identifying each of the parties;
(3) a certified marriage certificate,
				  where the adoptive parents are husband and wife or where an individual adoptive
				  parent is the spouse of the birth parent;
(4) a certified copy of a decree or
				  judgment, where an adoptive or birth parent's marriage has been terminated by
				  decree or judgment;
(5) a certified death certificate, where
				  an adoptive or birth parent's marriage has been terminated by death or where it
				  is alleged that consent or notice is not required because of death;
(6) a proposed order of
				  adoption;
(7) a copy
				  of the attorney's affidavit of financial disclosure filed with the Office of
				  Court Administration pursuant to section
				  603.23,
				  691.23, 806.14 or
				  1022.33 of this Title; and either
				  an attorney's affirmation that the affidavit has been personally delivered or
				  mailed in accordance with such rules or the dated receipt from the Office of
				  Court Administration;
(8) an affidavit of financial disclosure
				  from the adoptive parent or parents, and from any person whose consent to the
				  adoption is required by law, setting forth the following information:
(i) name, address and telephone
				  number of the affiant;
(ii) status of the affiant in the
				  proceeding and relationship, if any, to the adoptive child;
(iii) docket number of the
				  adoption proceeding;
(iv) the date and terms of every
				  agreement, written or otherwise, between the affiant and any attorney
				  pertaining to any fees, compensation or other remuneration paid or to be paid
				  by or on behalf of the adoptive parents or the birth parents, directly or
				  indirectly, including but not limited to retainer fees on account of or
				  incidental to the placement or adoption of the child or assistance in
				  arrangements for such placement or adoption;
(v) the total amount of fees,
				  compensation or other remuneration to be paid to such attorney by the affiant,
				  directly or indirectly, including the date and amounts of each payment already
				  made, if any, on account of or incidental to the placement or adoption of the
				  child or assistance in arrangements for such placement or adoption;
(vi) the name and address of any
				  other person, agency, association, corporation, institution, society or
				  organization who received or will receive any fees, compensation or other
				  remuneration from the affiant, directly or indirectly, on account of or
				  incidental to the birth or care of the adoptive child, the pregnancy or care of
				  the adoptive child's birth mother or the placement or adoption of the child and
				  on account of or incidental to assistance in arrangements for such placement or
				  proposed adoption; the amount of each such fee, compensation or other
				  remuneration; and the reason for or services rendered, if any, in connection
				  with each such fee, compensation or other remuneration; and
(vii) the name and address of
				  any person, agency, association, corporation, society or organization who has
				  or will pay the affiant any fee, compensation or other remuneration, directly
				  or indirectly, on account of or incidental to the birth or care of the adoptive
				  child, the pregnancy or care of the adoptive child's birth 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 amount of each
				  such fee, compensation or other remuneration; and the reason for or services
				  rendered, if any, in connection with each such fee, compensation or other
				  remuneration;
(9) in the case of an adoption from an
				  authorized agency in accordance with title 2 of article 7 of the Domestic
				  Relations Law, a copy of the criminal history summary report made by the New
				  York State Office of Children and Family Services to the authorized agency
				  pursuant to section
				  378-a of
				  the Social Services Law regarding the criminal record or records of the
				  prospective adoptive parent or parents and any adult over the age of 18
				  currently residing in the home, including fingerprint-based records of the
				  national crime information databases, as defined in section 534(e)(3)(A) of
				  title 28 of the United States Code, as well as a report from the New York State
				  Central Registry of Child Abuse and Maltreatment regarding any indicated
				  reports regarding the prospective adoptive parent or parents and any adult over
				  the age of 18 currently residing in the home and from the child abuse and
				  maltreatment registry, if any, of any state in which the prospective adoptive
				  parents and any adult over the age of 18 have resided during the five years
				  immediately prior to the filing of the petition;
(10) in the case of an adoption
				  from an authorized agency, an affidavit by the attorney for the agency
				  attesting to the fact that no appeal from a surrender, surrender revocation or
				  termination of parental rights proceeding is pending in any court and that a
				  notice of entry of the final order of disposition of the surrender, surrender
				  revocation or termination of parental rights proceeding had been served upon
				  the the child's attorney, the attorneys for the respondent parents or the
				  parents themselves, if they were self-represented, as well as any other
				  parties;
(11) in the
				  case of an adoption from an authorized agency in which a post-adoption contact
				  agreement has been approved by the Family Court in conjunction with a surrender
				  of the child, a copy of the post-adoption contact agreement, as well as the
				  order of the court that approved the agreement as being in the child's best
				  interests;
(12) in the
				  case of an adoption petition filed either before a different judge in a
				  different court or a court in a different county regarding a child under the
				  jurisdiction of the Family Court as a result of a placement in foster care
				  pursuant to article 10 or 10-A of the Family Court Act or section
				  358-a of
				  the Social Services Law, an affirmation by the attorney for the petitioner on a
				  uniform form promulgated by the Chief Administrator of the Courts attesting to
				  the reasons for, and circumstances regarding, such filing; and
(13) in the case of an adoption
				  petition filed with consents by a birth parent or parents as required by
				  section
				  111 of
				  the Domestic Relations Law, the adoption information registry birth parent
				  registration consent form required by sections
				  112 and
				  115-b
				  of the Domestic Relations Law and subdivision 10 of section
				  4138-c of
				  the Public Health Law.