Amd §§110 & 115-b, Dom Rel L; rpld §373 sub 3, amd §§373, 374 & 382, Soc Serv L
 
Changes the time period for extrajudicial consent; lengthens the time period for payments to a birth mother prior to giving birth; expands the types of unlawful denials of prospective applicants in adoption proceedings; repeals provisions relating to an individual's religious faith when determining placement.
STATE OF NEW YORK
________________________________________________________________________
2971
2023-2024 Regular Sessions
IN SENATE
January 26, 2023
___________
Introduced by Sen. MAYER -- read twice and ordered printed, and when
printed to be committed to the Committee on Children and Families
AN ACT to amend the domestic relations law and the social services law,
in relation to certain time periods and prospective applicants in
adoption proceedings; and to repeal subdivision 3 of section 373 of
the social services law relating to adoption proceedings and an indi-
vidual's religious faith
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The opening paragraph and the seventh undesignated para-
2 graph of section 110 of the domestic relations law, the opening para-
3 graph as amended by chapter 509 of the laws of 2010 and the seventh
4 undesignated paragraph as added by chapter 522 of the laws of 1999, are
5 amended to read as follows:
6 An adult unmarried person, an adult married couple together, or any
7 two unmarried adult intimate partners together may adopt another person.
8 An adult married person who is living separate and apart from his or her
9 spouse pursuant to a decree or judgment of separation or pursuant to a
10 written agreement of separation subscribed by the parties thereto and
11 acknowledged or proved in the form required to entitle a deed to be
12 recorded or an adult married person who has been living separate and
13 apart from his or her spouse for at least three years prior to commenc-
14 ing an adoption proceeding may adopt another person; provided, however,
15 that the person so adopted shall not be deemed the child or step-child
16 of the non-adopting spouse for the purposes of inheritance or support
17 rights or obligations or for any other purposes. An adult or minor
18 married couple together may adopt a child of either of them born in or
19 out of wedlock and an adult or minor spouse may adopt such a child of
20 the other spouse. No person shall hereafter be adopted except in
21 pursuance of this article[, and in conformity with section three hundred
22 seventy-three of the social services law].
23 It shall be unlawful to preclude a prospective adoptive parent or
24 parents [solely] on the basis of age, race, creed, color, national
25 origin, sexual orientation, gender identity or expression, military
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04586-01-3
S. 2971 2
1 status, sex, disability, predisposing genetic characteristics, familial
2 status, marital status, or domestic violence victim status, or that the
3 adoptor or adopters has had, or has cancer, or any other disease. Noth-
4 ing herein shall prevent the rejection of a prospective applicant based
5 upon his or her poor health or limited life expectancy.
6 § 2. Subdivisions 3 and 4 and paragraph (a) and the opening paragraph
7 of paragraph (b) of subdivision 6 of section 115-b of the domestic
8 relations law, subdivision 3 and the opening paragraph of paragraph (b)
9 of subdivision 6 as amended and subdivision 4 as added by chapter 817 of
10 the laws of 1986, paragraph (c) of subdivision 4 as amended by chapter
11 680 of the laws of 2007, paragraph (d) of subdivision 4 as relettered by
12 chapter 371 of the laws of 1994, and paragraph (a) of subdivision 6 as
13 amended by chapter 557 of the laws of 1988, are amended to read as
14 follows:
15 3. Extrajudicial consents. (a) Whenever a consent is not executed or
16 acknowledged before a judge or surrogate pursuant to subdivision two of
17 this section such consent shall become irrevocable [forty-five] ten days
18 after the execution of the consent unless written notice of revocation
19 thereof is received by the court in which the adoption proceeding is to
20 be commenced within said [forty-five] ten days.
21 (b) Notwithstanding that such written notice is received within said
22 [forty-five] ten days, the notice of revocation shall be given effect
23 only if the adoptive parents fail to oppose such revocation, as provided
24 in subdivision six of this section, or, if they oppose such revocation
25 and the court as provided in subdivision six of this section has deter-
26 mined that the best interests of the child will be served by giving
27 force and effect to such revocation.
28 4. (a) In any case where a consent is not executed or acknowledged
29 before a judge or surrogate pursuant to subdivision two of this section,
30 the consent shall state, in conspicuous print of at least eighteen point
31 type:
32 (i) the name and address of the court in which the adoption proceeding
33 has been or is to be commenced; and
34 (ii) that the consent may be revoked within [forty-five] ten days of
35 the execution of the document and where the consent is not revoked with-
36 in said [forty-five] ten days no proceeding may be maintained by the
37 parent for the return of the custody of the child; and
38 (iii) that such revocation must be in writing and received by the
39 court where the adoption proceeding is to be commenced within [forty-
40 five] ten days of the execution of said consent; and
41 (iv) that, if the adoptive parents contest the revocation, timely
42 notice of the revocation will not necessarily result in the return of
43 the child to the parent's custody, and that the rights of the parent to
44 custody of the child shall not be superior to those of the adoptive
45 parents but that a hearing will be required before a judge pursuant to
46 the provisions of this section to determine: (1) whether the notice of
47 revocation was timely and properly given; and if necessary, (2) whether
48 the best interests of the child will be served by: (A) returning custody
49 of the child to the parent; or (B) by continuing the adoption proceeding
50 commenced by the adoptive parents; or (C) by disposition other than
51 adoption by the adoptive parents; or (D) by placement of the child with
52 an authorized agency, and if any such determination is made, the court
53 shall make such disposition of the custody of the child as will best
54 serve the interests of the child; and
55 (v) that the parent has the right to legal representation of the
56 parent's own choosing; the right to obtain supportive counseling and may
S. 2971 3
1 have the right to have the court appoint an attorney pursuant to section
2 two hundred sixty-two of the family court act, section four hundred
3 seven of the surrogate's court procedure act, or section thirty-five of
4 the judiciary law.
5 (b) Such consent shall be executed or acknowledged before a notary
6 public or other officer authorized to take proof of deeds.
7 (c) A copy of such consent shall be given to such parent upon the
8 execution thereof. The consent shall include the following statement:
9 "I, (name of consenting parent), this ____ day of __________, _____,
10 have received a copy of this consent. (Signature of consenting parent)".
11 Such consenting parent shall so acknowledge the delivery and the date of
12 the delivery in writing on the consent.
13 (d) The adoptive parent may commence the adoption proceeding in a
14 court of competent jurisdiction other than the court named in the
15 consent provided that such commencement is initiated more than [forty-
16 five] ten days after the consent is executed. Such commencement shall
17 not revive, extend or toll the period for revocation of a consent pursu-
18 ant to this section.
19 (a) A parent may revoke his consent to adoption only by giving notice,
20 in writing, of such revocation, no later than [forty-five] ten days
21 after the execution of the consent, or twenty days after the receipt of
22 a notice of denial, withdrawal or removal pursuant to paragraph (a) of
23 subdivision four of section seventeen hundred twenty-five of the surro-
24 gate's court procedure act, whichever is later, to the court in which
25 the adoption proceeding has been or is to be commenced. Such notice
26 shall set forth the name and address of the court in which the adoption
27 proceeding is to be commenced, the address of the parent and may, in
28 addition, set forth the name and address of the attorney for the parent.
29 If, within [forty-five] ten days of the execution of the consent, the
30 court has received such notice of revocation, the court shall promptly
31 notify the adoptive parents and their attorney, by certified mail, of
32 the receipt by the court of such notice of revocation.
33 § 3. Subdivision 3 of section 373 of the social services law is
34 REPEALED and subdivisions 4, 5, 6 and 7 are renumbered subdivisions 3,
35 4, 5 and 6.
36 § 4. Subdivision 6 of section 374 of the social services law, as
37 amended by chapter 305 of the laws of 2008, is amended to read as
38 follows:
39 6. An authorized agency, as defined in paragraphs (a) and (c) of
40 subdivision ten of section three hundred seventy-one of this title, may
41 charge or accept a fee or other compensation to or from a person or
42 persons with whom it has placed out a child, for the reasonable and
43 necessary expenses of such placement; and no agency, association, corpo-
44 ration, institution, society or organization, except such an authorized
45 agency, and no person may or shall request, accept or receive any
46 compensation or thing of value, directly or indirectly, in connection
47 with the placing out or adoption of a child or for assisting a birth
48 parent, relative or guardian of a child in arranging for the placement
49 of the child for the purpose of adoption; and no person may or shall pay
50 or give to any person or to any agency, association, corporation, insti-
51 tution, society or organization, except such an authorized agency, any
52 compensation or thing of value in connection with the placing out or
53 adoption of a child or for assisting a birth parent, relative or guardi-
54 an of a child in arranging for the placement of the child for the
55 purpose of adoption. The prohibition set forth in this section applies
56 to any adoptive placement activity involving a child born in New York
S. 2971 4
1 state or brought into this state or involving a New York resident seek-
2 ing to bring a child into New York state for the purpose of adoption.
3 This subdivision shall not be construed to prevent the payment of
4 salaries or other compensation by an authorized agency to the officers
5 or employees thereof; nor shall it be construed to prevent the payment
6 by a person with whom a child has been placed out of reasonable and
7 actual medical fees or hospital charges for services rendered in
8 connection with the birth of such child or of other necessary expenses
9 incurred by the birth mother in connection with or as a result of her
10 pregnancy or the birth of the child, or of reasonable and actual nurs-
11 ing, medical or hospital fees for the care of such child, if such
12 payment is made to the physician, nurse or hospital who or which
13 rendered the services or to the birth mother of the child, or to prevent
14 the receipt of such payment by such physician, nurse, hospital or birth
15 mother. This subdivision shall not be construed to prevent the payment
16 by an adoptive parent, as defined in section one hundred nine of the
17 domestic relations law, of the birth mother's reasonable and actual
18 expenses for housing, maternity clothing, clothing for the child and
19 transportation for a reasonable period not to exceed [sixty] one hundred
20 eighty days prior to the birth and the later of thirty days after the
21 birth or thirty days after the parental consent to the adoption, unless
22 a court determines, in writing, that exceptional circumstances exist
23 which require the payment of the birth mother's expenses beyond the time
24 periods stated in this sentence; provided, however, that any such
25 payments made to the birth mother shall not exceed ten thousand dollars.
26 This subdivision shall not be construed to prevent the payment by an
27 adoptive parent, as defined in section one hundred nine of the domestic
28 relations law, of reasonable and actual legal fees charged for consulta-
29 tion and legal advice, preparation of papers and representation and
30 other legal services rendered in connection with an adoption proceeding
31 or of necessary disbursements incurred for or in an adoption proceeding.
32 No attorney or law firm shall serve as the attorney for, or provide any
33 legal services to both the birth parent and adoptive parent in regard to
34 the placing out of a child for adoption or in an adoption proceeding. No
35 attorney or law firm shall serve as the attorney for, or provide any
36 legal services to, both an authorized agency and adoptive parent or both
37 an authorized agency and birth parent where the authorized agency
38 provides adoption services to such birth parent or adoptive parent,
39 where the authorized agency provides foster care for the child, or where
40 the authorized agency is directly or indirectly involved in the placing
41 out of such child for adoption.
42 § 5. Paragraphs (e), (f) and (g) of subdivision 4 of section 382 of
43 the social services law, paragraphs (e) and (f) as amended by chapter
44 945 of the laws of 1971 and paragraph (g) as amended by chapter 555 of
45 the laws of 1978, are amended to read as follows:
46 (e) [will comply with section three hundred seventy-three;
47 (f)] will supervise the care and training of such child and cause it
48 to be visited at least annually by a responsible agent of the licensee;
49 and
50 [(g)] (f) will make to the department such reports as it from time to
51 time may require.
52 § 6. This act shall take effect on the thirtieth day after it shall
53 have become a law.