N.Y. Domestic Relations Law § 115: General provisions relating to private-placement adoptions

§ 115. General provisions relating to private-placement adoptions. 1.

(a) Except as otherwise provided in this title, private-placement

adoptions shall be effected in the same manner as provided in sections

one hundred twelve and one hundred fourteen of title two of this

article.

(b) A person or persons seeking to commence a private-placement

adoption shall, prior to the submission of a petition for such adoption

and prior to any transfer of physical custody of an adoptive child, be

certified as a qualified adoptive parent or parents by a court of

competent jurisdiction pursuant to section one hundred fifteen-d of this

title. The provisions of such section may be waived upon the court's

own motion or upon the application of any party for good cause shown.

(c) A non-resident person or persons seeking to commence a

private-placement adoption of a child present within the state at the

time of placement shall, prior to any transfer of physical custody of an

adoptive child, make application for certification as a qualified

adoptive parent or parents by a court of competent jurisdiction pursuant

to section one hundred fifteen-d of this title. Upon application of such

person or persons, the court of the county to which the certification

petition is properly filed may take or retain jurisdiction of the

adoption proceeding. The provisions of this paragraph may be waived upon

the court's own motion or upon the application of any party for good

cause shown.

2. The proceeding shall be instituted in the county where the adoptive

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

in the county where the adoptive child resides.

3. The adoptive parents or parent, the adoptive child and all persons

whose consent is required by section one hundred eleven of this article

must appear for examination before the judge or surrogate of the court

where the adoption proceedings are instituted. The judge or surrogate

may 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.

4. The agreement of adoption shall be executed by the adoptive parents

or parent.

5. Where the petition alleges that either or both of the birth parents

of the child have been deprived of civil rights or are mentally ill or

developmentally disabled, proof shall be submitted that such disability

exists at the time of the proposed adoption.

6. The adoptive parent or parents shall also present in an affidavit a

description of any change of circumstances since their certification as

a qualified adoptive parent or parents, pursuant to section one hundred

fifteen-d of this title, which may be relevant and material to such

certification.

7. Where the adoptive child is to be adopted upon the consent of some

person other than his father or mother, there shall also be presented

the affidavit of such person showing how he or she obtained lawful

custody of the child.

8. The adoptive parent or parents shall also present an affidavit

describing all fees, compensation and other remunerations paid by such

parent or parents on account of or incidental to the birth or care of

the adoptive child, the pregnancy or care of the adoptive child's mother

or the placement or adoption of the child and on account of or

incidental to assistance in arrangements for such placement or adoption.

The attorney representing the adoptive parents shall also present an

affidavit describing all fees, compensation and other remuneration

received by him on account of or incidental to the placement or adoption

of the child or assistance in arrangements for such placement or

adoption.

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

and acknowledged, the proof given and the affidavit sworn to by the

respective persons before such judge or surrogate; but where the

verification, agreement or consent of an adoptive parent, birth parent

or person whose consent is necessary to the adoption 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 adoptive parent, birth

parent or person. The judge or surrogate may, in his discretion,

dispense with the requirement that the adoptive child appear for

examination or join in the petition, where otherwise required. In any

adoption proceeding where the judge or surrogate shall dispense with the

personal appearance of such adoptive parent, birth parent, person whose

consent is necessary to the adoption, or adoptive child, the reason

therefor must be for good cause shown, and shall be recited in the order

of adoption.

10. In all cases where the consents of the persons mentioned in

subdivision two, three and four of section one hundred eleven of this

article are not required or where the adoptive child is an adult notice

of such application shall be served upon such persons as the judge or

surrogate may direct.

11. The provisions of title two prohibiting the surname of the child

from appearing in the papers, prohibiting disclosure of the surname of

the child to the adoptive parents, and requiring a separate application

for issuance of a certified copy of an order of adoption prior to the

sealing of the papers, requiring the filing of a verified schedule,

shall not apply to private-placement adoptions; provided, however, that

the facts required to be stated in the verified schedule in an agency

adoption shall be set forth in the petition.

12. (a) If the child who is being adopted was placed or brought into

New York for the purpose of adoption from a state which is a party to

the interstate compact on the placement of children and the provisions

of the compact applied to such placements, the petition must contain a

statement that the provisions of section three hundred seventy-four-a of

the social services law were complied with and where applicable, that

the provisions of section three hundred eighty-two of such law were also

complied with.

(b) If the child who is being adopted was placed or brought into New

York for the purpose of adoption from a state which is not a party to

the interstate compact on the placement of children, the petition, where

applicable, must contain a statement that the provisions of section

three hundred eighty-two of the social services law were complied with.

13. If the placement of a child into the state of New York is subject

to the provisions of sections three hundred seventy-four-a and/or three

hundred eighty-two of the social services law, there shall be attached

to the petition a copy of the document signed by New York's

administrator of the interstate compact on 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 and/or a copy of the license which is issued pursuant to the

provisions of section three hundred eighty-two of the social services

law to the person, institution, corporation or agency which placed or

brought the child into this state.