N.Y. Domestic Relations Law § 115-a: Special provisions relating to children to be brought into the state for private-placement adoption

§ 115-a. Special provisions relating to children to be brought into

the state for private-placement adoption. 1. In the case of a child

whose admission to the United States as an eligible orphan with

non-quota immigrant status pursuant to the federal immigration and

nationality act is sought for the purpose of adoption in the state of

New York, the following pre-adoption requirements shall be observed: (a)

The adoptive parents or parent must present to a judge or surrogate

having jurisdiction of adoption proceedings, in the county of residence

of such adoptive parents or parent, a verified written application

containing the information set forth in subdivision two of this section,

in such form as the judge or surrogate may prescribe for an order of

pre-adoption investigation, to determine whether the adoption may be in

the best interests of the child.

(b) The adoptive parents or parent must appear for examination before

the judge or surrogate of the court where the pre-adoption proceedings

are instituted.

(c) The application must be accompanied by duly authenticated

documentary evidence: (1) that the child is a noncitizen under the age

of sixteen and (2) that he or she is an orphan because of the death or

disappearance of both parents, or because of abandonment, or desertion

by, or separation or loss from, both parents, or who has only one parent

due to the death or disappearance of, abandonment, or desertion by, or

separation or loss from the other parent, and the remaining parent is

incapable of providing care for such orphan and has in writing

irrevocably released him or her for emigration and adoption, and has

consented to the proposed adoption. In all cases where the orphan has no

remaining parent under the circumstances set forth above, documentary

evidence must be presented that the person, public authority or duly

constituted agency having lawful custody of the orphan at the time of

the making of the application, hereunder, has in writing irrevocably

released him or her for immigration and adoption and has consented to

the proposed adoption and (3) that the adoptive parents agree to adopt

and treat the adoptive child as their or his or her own lawful child.

(d) In addition thereto such additional releases and consents as the

court may in its sound discretion require.

2. The verified written application shall contain the following

information: the names and place of residence of the adoptive parent or

parents; 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 name, date and place of birth of the adoptive child as

nearly as the same can be ascertained; the religious faith of the

adoptive parent or parents; the religious faith of the adoptive child

and his parents as nearly as the same can be ascertained; the medical

history of the adoptive child as nearly as the same can be ascertained;

the occupation and approximate income of the adoptive parent or parents,

and the name by which the adoptive child is to be known; 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 has been previously adopted, if such fact is

known to the adoptive parent or parents; the facts which establish that

the child is an eligible orphan who would be entitled to enter the

United States with non-quota immigrant status for the purpose of

adoption in New York state, pursuant to the provisions in the federal

immigration and nationality act, in such case made; the circumstances

whereby, and names and addresses of the intermediaries, if any, through

whom the adoptive parent or parents learned of the existence and

eligibility of the child and the names and addresses of the person or

persons, public authority or duly constituted agency in the land of the

child's residence executing the written release of the child for

emigration and adoption, and the consent to such adoption, the

circumstances under which the release and consent were obtained, insofar

as they are known to the adoptive parent or parents.

2-a. The verified written application shall contain the following

information: the heritage of the parents as nearly as the same can be

ascertained, 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.

3. Upon receiving the verified written application, required

documentary evidence, agreement and consents, the judge or surrogate,

upon finding that the applicable provisions of section one hundred

fifteen-a have been complied with and that it appears that the proposed

adoption may be in the best interests of the child, shall issue an order

of pre-adoption investigation hereunder. The order of pre-adoption

investigation shall require that the report of such investigation be

made by a disinterested person who in the opinion of the judge or

surrogate is qualified by training and experience, or by an authorized

agency specifically designated by him to examine into the statements set

forth in the application. The investigator shall make a written report

of his investigation into the truth and accuracy of the statements in

the application and where applicable, into the validity of the

documentary evidence, submitted with the application, and he shall

ascertain as fully as possible, and incorporate in his report the

various factors which may bear upon the determination of the application

for adoption including, but not limited to, the following information:

(a) the marital and family status, and history, of adoptive parents;

(b) the physical and mental health of the adoptive parents;

(c) the property owned by and the income of the adoptive parents;

(d) the compensation paid or agreed upon with respect to the placement

of the child for adoption;

(e) whether either adoptive parent has ever been respondent in any

proceeding concerning allegedly neglected, abandoned or delinquent

children;

(f) the desirability of bringing the child into New York state for

private-placement adoption;

(g) any other facts relating the familial, social, religious,

emotional and financial circumstances of the adoptive parents which may

be relevant to a determination of suitability of the adoption.

The written report of pre-adoption investigation shall be submitted to

the judge or surrogate within thirty days after the same is directed to

be made, unless for good cause shown the judge or surrogate shall grant

a reasonable extension of such period. The report shall be filed with

the judge or surrogate, in any event, before the court shall issue its

pre-adoption certificate that it appears that the adoption is in the

best interests of the child.

4. On the return of the pre-adoption investigation order the judge or

surrogate shall examine the written report of the pre-adoption

investigation, and shall determine upon the basis of such written report

and such further proof, if any, as he may deem necessary, whether to

issue a pre-adoption certificate as provided for in this subdivision.

If the court is satisfied that the adoption may be in the best

interests of the child, and that there has been compliance with all

requirements hereof and is satisfied that the moral and temporal

interests of the child will be promoted by the adoption, the judge or

surrogate shall issue an original certificate under seal of the court

and two certified copies thereof, setting forth the fact that a

pre-adoption investigation has been conducted, and reciting the

documents and papers submitted therewith and stating that in the opinion

of the court there is compliance with all applicable laws and that it

appears from such investigation that the moral and temporal interests of

the child will be promoted by the proposed adoption. The original

certificate shall be filed with the clerk of the court, one certified

copy with the state commissioner of social services, and the adoptive

parents shall receive the second certified copy. The fact that the

adoptive child was born out of wedlock shall in no case appear in such

certificate. The written report of pre-adoption investigation together

with all other papers pertaining to the pre-adoption investigation and

the original certificate shall be kept by the court as a permanent

record and such papers must be sealed by the judge and withheld from

inspection. No person shall be allowed access to such sealed records and

original certificate and any index thereof except upon an order of the

court in which the pre-adoption certificate was made or an order of a

justice of the supreme court. No order for access and inspection shall

be granted except on due notice to the adoptive parents and on good

cause shown. In like manner as a court of general jurisdiction exercises

such powers, the court in which the pre-adoption certificate was made

may open, vacate or set aside such certificate for fraud, newly

discovered evidence or other sufficient cause.

5. The private-placement adoption of children who have been brought

into the United States and the state for such purpose and placed with

the adoptive parent or parents, shall be effected after issuance of the

pre-adoption certificate, in the manner provided by this title,

excepting that (a) the petition shall also recite the pre-adoption

proceedings, and (b) the court may in its discretion for good cause

shown, waive a subsequent investigation. In such case the order of

adoption shall recite the reason for such action.

6. In any case where there has been a failure to comply with the

requirements of this section, if applicable, no order of adoption shall

be made until one year after the court shall have received the petition

to adopt. The court may shorten such waiting period for good cause

shown, and, in such case the order of adoption shall recite the reason

for such action.

7. The provisions of this section, shall not be applicable to the

adoption of children placed out or to be placed out for adoption by an

authorized agency as defined in section three hundred seventy-one of the

social services law.

8. Notwithstanding any provision of law to the contrary, where a child

is placed with a couple or individual in New York state for the purpose

of adoption, and where said adoption has theretofore been finalized in

the country of birth, outside the United States, the couple or person

may petition the court in their county of residence in New York state,

for the readoption of said child in accordance with the provisions of

this chapter, providing for adoptions originally commenced in this

state. In any proceeding for readoption, proof of finalization of an

adoption outside the United States shall be prima facie evidence of the

consent of those parties required to give consent to an adoption

pursuant to section one hundred eleven of this article.