N.Y. Domestic Relations Law § 112: General provisions relating to adoption from authorized agencies

§ 112. General provisions relating to adoption from authorized

agencies. In an adoption from an authorized agency the following

requirements shall be observed:

1. The adoptive parents or parent and the adoptive child must appear

for examination before a judge or surrogate of the county specified in

section one hundred thirteen of this title. The judge or surrogate,

however, may in his discretion dispense with the personal appearance of

the adoptive child or of an adoptive parent who is on active duty in the

armed forces of the United States.

2. The adoptive parents or parent and the adoptive child if over

eighteen years of age must present to such judge or surrogate (a) a

petition stating the names and place of residence of the petitioners;

whether they are of full age; whether they are married or unmarried and,

if married, whether they are living together as husband and wife; the

first name, date and place of birth of the adoptive child as nearly as

the same can be ascertained; a statement on information and belief that

there will be annexed to the petition a schedule verified by a duly

constituted official of the authorized agency as required by this

section; the religious faith of the petitioners; the religious faith of

the adoptive child and his or her parents as nearly as the same can be

ascertained; the manner in which the adoptive parents obtained the

adoptive child; whether the child was placed or brought into the state

of New York from out of state for the purpose of adoption, whether the

placement was subject to the provisions of section three hundred

seventy-four-a of the social services law and if the placement was

subject to the provisions of such section, whether the provisions of

such section were complied with; the period of time during which the

adoptive child has resided with the adoptive parents; the occupation and

approximate income of the petitioners, including support and

maintenance, if any, to be received on behalf of the adoptive child from

a commissioner of social services, pursuant to the social services law,

and the new name, if any, by which the adoptive child is to be known;

whether the adoptive parent or parents has or have knowledge that an

adoptive parent is the subject of an indicated report, as such terms are

defined in section four hundred twelve of the social services law, filed

with the statewide central register of child abuse and maltreatment

pursuant to title six of article six of the social services law, or has

been the subject of or the respondent in a child protective proceeding

commenced under article ten of the family court act, which proceeding

resulted in an order finding that the child is an abused or neglected

child; that no previous application has been made to any court or judge

for the relief sought or if so made, the disposition of it and a

statement as to whether the adoptive child had been previously adopted,

all of which statements shall be taken prima facie as true; (b) an

agreement on the part of the adoptive parents or parent to adopt and

treat the adoptive child as their or his or her own lawful child; (c)

the consents required by section one hundred eleven of this article.

2-a. In the petition provided for in subdivision two of this section,

the adoptive parents or parent and the adoptive child if over eighteen

years of age shall present to the judge or surrogate as nearly as can be

ascertained the heritage of the parents, which shall include

nationality, ethnic background and race; education, which shall be the

number of years of school completed by the parents at the time of the

birth of the adoptive child; general physical appearance of the parents

at the time of the birth of the adoptive child, which shall include

height, weight, color of hair, eyes, skin; occupation of the parents at

the time of the birth of the adoptive child; health and medical history

of the parents at the time of the birth of the adoptive child, including

all available information setting forth conditions or diseases believed

to be hereditary, any drugs or medication taken during the pregnancy by

the child's mother; and any other information which may be a factor

influencing the child's present or future health, talents, hobbies and

special interests of parents. The petition shall also include the names

and current addresses of the biological parents, if known.

3. The authorized agency must present to such judge or surrogate a

schedule to be annexed to the petition which shall be verified by a duly

constituted official of the authorized agency having custody of the

adoptive child or actually placing the child for adoption and shall

contain (1) the full name of the child, (2) the manner in which the

authorized agency obtained custody of the adoptive child, (3) the facts,

if any, which render unnecessary the consent of either or both of the

parents of the adoptive child, (4) a statement whether either parent had

ever requested the agency to return the child to the parent, within

thirty days of the execution and delivery of an instrument of surrender

to an authorized agency and, if so, all facts relating thereto. If a

request for return of the child to a parent be made after the

presentation to the court of the petition and schedule, the authorized

agency shall promptly report to the court in writing the facts relating

thereto and (5) all available information comprising the child's medical

history. If the child was placed into the state of New York for the

purpose of adoption and such placement was subject to the provisions of

section three hundred seventy-four-a of the social services law, the

authorized agency shall attach to the petition a copy of the document,

signed by New York's administrator of the interstate compact for the

placement of children or his designee, which informs the agency or

person who placed the child into the state that such placement complied

with the provisions of the compact.

4. None of the papers in the proceeding shall state the surname of the

child in the title and no petition, agreement, consent, affidavit, nor

any other document which is required to be signed by the adoptive

parents shall contain the surname of the adoptive child.

5. The petition must be verified, the agreement and consents executed

and acknowledged and the proof given by the respective persons before

such judge or surrogate; but where the verification, agreement or

necessary consent is duly acknowledged or proved and certified in form

sufficient to entitle a conveyance to be recorded in this state, (except

that when executed and acknowledged within the state of New York, no

certificate of the county clerk shall be required), such judge or

surrogate may grant the order of adoption without the personal

appearance of such persons or parties or any of them for good cause

shown, which reason shall be recited in the order of adoption.

6. Where the adoptive child is less than eighteen years of age, no

order of adoption shall be made until such child has resided with the

adoptive parents for at least three months unless the judge or surrogate

in his discretion shall dispense with such period of residence and shall

recite in the order the reason for such action. When the adoptive

parents are the foster parents in whose home the adoptive child has been

placed out or boarded out for a period in excess of three months, such

period shall be deemed to constitute the required period of residence.

7. Before making an order of adoption the judge or surrogate shall

inquire of the department of social services and the department shall

inform the court whether an adoptive parent is the subject of an

indicated report, as such terms are defined in section four hundred

twelve of the social services law, filed with the statewide central

register of child abuse and maltreatment pursuant to title six of

article six of the social services law and shall cause to be made an

investigation by a disinterested person or by an authorized agency

specifically designated by the judge or surrogate to examine into the

allegations set forth in the petition and to ascertain such other facts

relating to the adoptive child and adoptive parents as will give such

judge or surrogate adequate basis for determining the propriety of

approving the adoption. A written report of such investigation shall be

submitted before the order of adoption is made. As used in this

subdivision, "disinterested person" includes the probation service of

the family court. Such an inquiry shall not be required if the findings

of such an inquiry made within the past twelve months is available to

the judge or surrogate.

7-a. Any order subject to the provisions of this section shall include

an adoption information registry birth parent registration consent form,

stating whether or not such biological parent or parents whose consent

is subject to the provisions of this section, consents to the receipt of

identifying information by the child to be adopted upon registration

with the adoption information registry established by section forty-one

hundred thirty-eight-c of the public health law and upon the adoptee

reaching the age of eighteen. If such consent is made, it shall be

revocable by either of the biological parents at any time. The

revocation of the consent by one of the parents shall revoke the consent

of both parents. The failure of a biological parent to complete the

consent form shall have no effect on the finality of the consent to

adoption. A copy of the form required by this subdivision, shall be

forwarded to the state adoption information registry for inclusion in

the records maintained by such registry. Any fees authorized to be

charged by the state adoption registry for filing documentation with

such registry shall be waived for the form required by this subdivision.

8. Rules of court shall permit the filing of a petition for adoption

of a child whose custody and guardianship has not yet been committed to

an authorized agency where a proceeding to terminate parental rights is

pending. Such adoption petition shall be filed in the court where the

termination of parental rights proceeding is pending. The clerk of such

court shall accept the adoption petition for filing and processing and

shall request such inquiries of the department of social services as are

required by subdivision seven of this section, provided, however, that

the petition, supporting documents and the fact of their filing shall

not be provided to the judge before whom the petition for termination of

parental rights is pending until such time as fact-finding is concluded

under such petition.