Bill Text: NY S02971 | 2023-2024 | General Assembly | Introduced
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-01-03 - REFERRED TO CHILDREN AND FAMILIES [S02971 Detail]
Download: New_York-2023-S02971-Introduced.html
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 hundred22seventy-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. LBD04586-01-3S. 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-40five] 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 mayS. 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-16five] 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 YorkS. 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.
