NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2425
SPONSOR: Paulin TITLE OF BILL:
An act to amend the social services law, in relation to payments of
certain expenses by adoptive parents
SUMMARY OF PROVISIONS:
Section 1. Amends Subdivision 6 of section 374 of the social services
law by adding subdivision 6(b) language that extends the period in which
payments to a birthmother shall be made by an adoptive family.
Section 2. This act will take effect thirty days after it becomes law -
with any addition, amendment,, or repeal related to this bill taking
effect immediately.
JUSTIFICATION:
Raising a child can be costly and the expenses begin to accrue long
before a child is born. This is no less true when it comes to adoptions
and surrogacy. For women who can provide the gift of life to other fami-
lies, it is essential that they be justly compensated for the undertak-
ing and properly cared for while barring the child to term.
This bill would expand the period an adoptive family would have to pay
for, as far as it concerns expenses related to the carrying of the
child. This can include housing, maternity clothes, clothing for the
child, and transportation from 180 days before birth to 45 days. after
the birth (or parental consent to the adoption). Providing this relief
to surrogate mothers is crucial to providing a better life who all those
involved, especially the baby.
PRIOR LEGISLATIVE HISTORY:
A.10464 of 2024, referred to social services. Same as S.9008 of 2024,
passed Senate.
FISCAL IMPLICATIONS:
None to the state.
EFFECTIVE DATE:
This act will take effect on the thirtieth day after it shall have
become a law. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective
STATE OF NEW YORK
________________________________________________________________________
2425
2025-2026 Regular Sessions
IN ASSEMBLY
January 16, 2025
___________
Introduced by M. of A. PAULIN -- read once and referred to the Committee
on Social Services
AN ACT to amend the social services law, in relation to payments of
certain expenses by adoptive parents
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 6 of section 374 of the social services law, as
2 amended by chapter 305 of the laws of 2008, is amended to read as
3 follows:
4 6. (a) An authorized agency, as defined in paragraphs (a) and (c) of
5 subdivision ten of section three hundred seventy-one of this title, may
6 charge or accept a fee or other compensation to or from a person or
7 persons with whom it has placed out a child, for the reasonable and
8 necessary expenses of such placement; and no agency, association, corpo-
9 ration, institution, society or organization, except such an authorized
10 agency, and no person may or shall request, accept or receive any
11 compensation or thing of value, directly or indirectly, in connection
12 with the placing out or adoption of a child or for assisting a birth
13 parent, relative or guardian of a child in arranging for the placement
14 of the child for the purpose of adoption; and no person may or shall pay
15 or give to any person or to any agency, association, corporation, insti-
16 tution, society or organization, except such an authorized agency, any
17 compensation or thing of value in connection with the placing out or
18 adoption of a child or for assisting a birth parent, relative or guardi-
19 an of a child in arranging for the placement of the child for the
20 purpose of adoption. The prohibition set forth in this section applies
21 to any adoptive placement activity involving a child born in New York
22 state or brought into this state or involving a New York resident seek-
23 ing to bring a child into New York state for the purpose of adoption.
24 (b) This subdivision shall not be construed to prevent the payment of
25 salaries or other compensation by an authorized agency to the officers
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04953-01-5
A. 2425 2
1 or employees thereof; nor shall it be construed to prevent the payment
2 by a person with whom a child has been placed out of reasonable and
3 actual medical fees or hospital charges for services rendered in
4 connection with the birth of such child or of other necessary expenses
5 incurred by the birth mother in connection with or as a result of [her]
6 such birth mother's pregnancy or the birth of the child, or of reason-
7 able and actual nursing, medical or hospital fees for the care of such
8 child, if such payment is made to the physician, nurse or hospital who
9 or which rendered the services or to the birth mother of the child, or
10 to prevent the receipt of such payment by such physician, nurse, hospi-
11 tal or birth mother. This subdivision shall not be construed to prevent
12 the payment by an adoptive parent, as defined in section one hundred
13 nine of the domestic relations law, of the birth mother's reasonable and
14 actual expenses for housing, maternity clothing, clothing for the child
15 and transportation for a reasonable period not to exceed [sixty] one
16 hundred eighty days prior to the birth and the later of [thirty] forty-
17 five days after the birth or [thirty] forty-five days after the parental
18 consent to the adoption, unless a court determines, in writing, that
19 exceptional circumstances exist which require the payment of the birth
20 mother's expenses beyond the time periods stated in this sentence. This
21 subdivision shall not be construed to prevent the payment by an adoptive
22 parent, as defined in section one hundred nine of the domestic relations
23 law, of reasonable and actual legal fees charged for consultation and
24 legal advice, preparation of papers and representation and other legal
25 services rendered in connection with an adoption proceeding or of neces-
26 sary disbursements incurred for or in an adoption proceeding. No attor-
27 ney or law firm shall serve as the attorney for, or provide any legal
28 services to both the birth parent and adoptive parent in regard to the
29 placing out of a child for adoption or in an adoption proceeding. No
30 attorney or law firm shall serve as the attorney for, or provide any
31 legal services to, both an authorized agency and adoptive parent or both
32 an authorized agency and birth parent where the authorized agency
33 provides adoption services to such birth parent or adoptive parent,
34 where the authorized agency provides foster care for the child, or where
35 the authorized agency is directly or indirectly involved in the placing
36 out of such child for adoption.
37 § 2. This act shall take effect on the thirtieth day after it shall
38 have become a law. Effective immediately, the addition, amendment and/or
39 repeal of any rule or regulation necessary for the implementation of
40 this act on its effective date are authorized to be made and completed
41 on or before such effective date.
