N.Y. Domestic Relations Law § 113: Special provisions relating to adoption from authorized agencies

§ 113. Special provisions relating to adoption from authorized

agencies. 1. An authorized agency may consent to the adoption of a

minor whose custody and guardianship has been transferred to such

agency. An authorized agency may also consent to the adoption of a minor

whose care and custody has been transferred to such agency pursuant to

section one thousand fifty-five of the family court act or section three

hundred eighty-four-a of the social services law, where such child's

parents are both deceased, or where one parent is deceased and the other

parent is not a person entitled to notice pursuant to sections one

hundred eleven and one hundred eleven-a of this chapter.

2. In accordance with subparagraph three of paragraph (g) of

subdivision six of section three hundred ninety-eight of the social

services law, an authorized agency may submit a written request to a

social services district with a population of more than two million for

approval to consent to the adoption of a child whose custody and

guardianship, or of a child where such child's parents are both

deceased, or where one parent is deceased and the other parent is not

entitled to notice pursuant to sections one hundred eleven and one

hundred eleven-a of this chapter, and whose care and custody, has been

transferred to a social services official and who has been placed by the

social services official with the authorized agency. If the request is

not disapproved by the social services district within sixty days after

its submission, it shall be deemed approved, and the authorized agency

may give all necessary consent to the adoption of the child. Nothing

herein shall result in the transfer of care and custody or custody and

guardianship of the child from the social services official to the

authorized agency.

3. (a) The agreement of adoption shall be executed by such authorized

agency.

(b)(i) If the adoption petition is filed pursuant to subdivision eight

of section one hundred twelve of this article or subdivision ten of

section three hundred eighty-three-c or subdivision eleven of section

three hundred eighty-four-b of the social services law, the petition

shall be filed in the county where the termination of parental rights

proceeding or judicial surrender proceeding, as applicable, is pending

and shall be assigned, wherever practicable, to the same judge.

(ii) In any other agency adoption proceeding, the petition shall be

filed in the same court and, wherever practicable, shall be assigned to

the same judge of the county in which parental rights had been

terminated, a judicial surrender had been approved or the most recent

proceeding under article ten or ten-A of the family court act or section

three hundred fifty-eight-a of the social services law had been heard,

whichever occurred last, or in the county where the adoptive parents

reside or, if such adoptive parents do not reside in this state, in the

county where such authorized agency has its principal office. The

following procedures shall be applicable in cases where the child is

under the jurisdiction of a family court, but where the adoption

petition has been filed in a court other than the court that presided

over the termination of parental rights, surrender or most recent

proceeding under article ten or ten-A of the family court act or section

three hundred fifty-eight-a of the social services law, whichever

occurred last:

(A) Before hearing such an adoption proceeding, the court in which the

adoption petition was filed shall ascertain whether the child is under

the jurisdiction of a family court as a result of a placement under

article ten or ten-A of the family court act or section three hundred

fifty-eight-a of the social services law, a surrender under section

three hundred eighty-three-c or three hundred eighty-four of the social

services law or an order committing guardianship and custody under

article six of the family court act or section three hundred

eighty-four-b of the social services law, and, if so, which court

exercised jurisdiction over the most recent permanency or other

proceeding involving the child.

(B) If the court determines that the child is under the jurisdiction

of a different family court, the court in which the adoption petition

was filed shall stay its proceeding for not more than thirty days and

shall communicate with the family court judge who exercised jurisdiction

over the most recent permanency or other proceeding involving the child.

The communication shall be recorded or summarized on the record by the

court in which the adoption petition was filed. Both courts shall notify

the parties and the attorney for the child, if any, in their respective

proceedings and shall give them an opportunity to present facts and

legal argument or to participate in the communication prior to the

issuance of a decision on jurisdiction.

(C) The family court judge who exercised jurisdiction over the most

recent permanency or other proceeding involving the child shall

determine whether he or she should assume or decline jurisdiction over

the adoption proceeding. In making its determination, the family court

judge shall consider, among other factors: the relative familiarity of

each court with the facts and circumstances regarding permanency

planning for, and the needs and best interests of, the child; the

ability of the attorney for the child to continue such representation in

the adoption proceeding, if appropriate; the convenience of each court

to the residence of the prospective adoptive parent or parents; and the

relative ability of each court to hear and determine the adoption

petition expeditiously. The court in which the adoption petition was

filed shall issue an order incorporating this determination of

jurisdiction within thirty days of the filing of the adoption petition.

(D) If the family court that exercised jurisdiction over the most

recent permanency or other proceeding determines that it should exercise

jurisdiction over the adoption petition, the order of the court in which

the adoption petition was filed shall direct the transfer of the

proceeding forthwith but in no event more than thirty-five days after

the filing of the petition. The petition shall be assigned, wherever

practicable, to the family court judge who heard the most recent

permanency or other proceeding involving the child.

(E) If the family court that exercised jurisdiction over the

permanency or other proceeding involving the child declines to exercise

jurisdiction over the adoption petition, the court in which the adoption

petition was filed shall issue an order incorporating that determination

and shall proceed forthwith.

(iii) Neither such authorized agency nor any officer or agent thereof

need appear before the judge or surrogate. The judge or surrogate in his

or her discretion may accept the report of an authorized agency verified

by one of its officers or agents as the report of investigation

hereinbefore required. In making orders of adoption the judge or

surrogate when practicable must give custody only to persons of the same

religious faith as that of the adoptive child in accordance with article

six of the social services law.