N.Y. Domestic Relations Law § 111-a: Notice in certain proceedings to fathers of children born out-of-wedlock

§ 111-a. Notice in certain proceedings to fathers of children born

out-of-wedlock. 1. Notwithstanding any inconsistent provisions of this

or any other law, and in addition to the notice requirements of any law

pertaining to persons other than those specified in subdivision two of

this section, notice as provided herein shall be given to the persons

specified in subdivision two of this section of any adoption proceeding

initiated pursuant to this article or of any proceeding initiated

pursuant to section one hundred fifteen-b of this article relating to

the revocation of an adoption consent, when such proceeding involves a

child born out-of-wedlock provided, however, that such notice shall not

be required to be given: (a) in the case of the adoption of a child

transferred to the custody and guardianship of an authorized agency,

foster parent, or relative pursuant to section three hundred

eighty-four-b of the social services law or a child transferred to the

custody and guardianship of an authorized agency pursuant to section

three hundred eighty-three-c of the social services law; or (b) to any

person who has previously received notice of any proceeding pursuant to

section one hundred fifteen-b of this article. In addition to such other

requirements as may be applicable to the petition in any proceeding in

which notice must be given pursuant to this section, the petition shall

set forth the names and last known addresses of all persons required to

be given notice of the proceeding, pursuant to this section, and there

shall be shown by the petition or by affidavit or other proof

satisfactory to the court that there are no persons other than those set

forth in the petition who are entitled to notice. For the purpose of

determining persons entitled to notice of adoption proceedings initiated

pursuant to this article, persons specified in subdivision two of this

section shall not include any person who has been convicted of one or

more of the following sexual offenses in this state or convicted of one

or more offenses in another jurisdiction which, if committed in this

state, would constitute one or more of the following offenses, when the

child who is the subject of the proceeding was conceived as a result:

(A) rape in first or second degree; (B) course of sexual conduct against

a child in the first degree; (C) predatory sexual assault; or (D)

predatory sexual assault against a child.

2. Persons entitled to notice, pursuant to subdivision one of this

section, shall include:

(a) any person adjudicated by a court in this state to be the father

of the child;

(b) any person adjudicated by a court of another state or territory of

the United States to be the father of the child, when a certified copy

of the court order has been filed with the putative father registry,

pursuant to section three hundred seventy-two-c of the social services

law;

(c) any person who has timely filed an unrevoked notice of intent to

claim paternity of the child, pursuant to section three hundred

seventy-two-c of the social services law;

(d) any person who is recorded on the child's birth certificate as the

child's father;

(e) any person who is openly living with the child and the child's

mother at the time the proceeding is initiated and who is holding

himself out to be the child's father;

(f) any person who has been identified as the child's father by the

mother in written, sworn statement;

(g) any person who was married to the child's mother within six months

subsequent to the birth of the child and prior to the execution of a

surrender instrument or the initiation of a proceeding pursuant to

section three hundred eighty-four-b of the social services law; and

(h) any person who has filed with the putative father registry an

instrument acknowledging paternity of the child, pursuant to section

4-1.2 of the estates, powers and trusts law.

3. The provisions of this section shall not apply to persons entitled

to notice pursuant to section one hundred eleven.

The sole purpose of notice under this section shall be to enable the

person served pursuant to subdivision two to present evidence to the

court relevant to the best interests of the child.

4. Notice under this section shall be given at least twenty days prior

to the proceeding by delivery of a copy of the petition and notice to

the person. Upon a showing to the court, by affidavit or otherwise, on

or before the date of the proceeding or within such further time as the

court may allow, that personal service cannot be effected at the

person's last known address with reasonable effort, notice may be given,

without prior court order therefor, at least twenty days prior to the

proceeding by registered or certified mail directed to the person's last

known address or, where the person has filed a notice of intent to claim

paternity pursuant to section three hundred seventy-two-c of the social

services law, to the address last entered therein. Notice by publication

shall not be required to be given to a person entitled to notice

pursuant to the provisions of this section.

5. A person may waive his right to notice under this section by

written instrument subscribed by him and acknowledged or proved in the

manner required for the execution of a surrender instrument pursuant to

section three hundred eighty-four of the social services law.

6. The notice given to persons pursuant to this section shall inform

them of the time, date, place and purpose of the proceeding and shall

also apprise such persons that their failure to appear shall constitute

a denial of their interest in the child which denial may result, without

further notice, in the adoption or other disposition of the custody of

the child.

7. No order of adoption and no order of the court pursuant to section

one hundred fifteen-b shall be vacated, annulled or reversed upon the

application of any person who was properly served with notice in

accordance with this section but failed to appear, or who waived notice

pursuant to subdivision five. Nor shall any order of adoption be

vacated, annulled or reversed upon the application of any person who was

properly served with notice in accordance with this section in any

previous proceeding pursuant to section one hundred fifteen-b in which

the court determined that the best interests of the child would be

served by adoption of the child by the adoptive parents.