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New York · Through 2026-09-11

N.Y. Family Court Act § 617: Service of summons

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Where this section sits in the code
  1. Family Court Act
  2. Article 6. Permanent Termination of Parental Rights, Adoption, Guardianship and Custody
  3. Part 1. Permanent Termination of Parental Custody By Reason of Permanent Neglect

§ 617. Service of summons. (a) Service of a summons and petition under

this part shall be made by delivery of a true copy thereof to the person

summoned at least twenty days before the time stated therein for

appearance. If so requested by the parent or other person legally

responsible for the child's care, the court may extend the time for

appearance and answer.

(b) If after reasonable effort, personal service is not made, such

substituted service or service by publication as may be ordered by the

judge shall be sufficient.

(c) Personal service within or without the state or in a foreign

country shall be made in accordance with the provisions of section three

hundred seven of the surrogate's court procedure act, as the same may be

amended from time to time, with respect to service of a citation.

(d) Service of the summons and other process with a notice as

specified herein by publication shall be made in accordance with the

provisions of CPLR 316, provided, however, that a single publication of

the summons or other process with a notice as specified herein in only

one newspaper designated in the order shall be sufficient. In no event

shall the whole petition be published. The petition shall be delivered

to the person summoned at the first court appearance pursuant to section

one hundred fifty-four-a of this chapter. The notice to be published

with the summons or other process shall state:

1. the date, time, place and purpose of the proceeding,

2. that upon failure of the person summoned to appear, all of his or

her parental rights in the child may be terminated, and

3. that his or her failure to appear shall constitute a denial of his

or her interest in the child, which denial may result, without further

notice, in the transfer or commitment of the child's care, custody or

guardianship or in the child's adoption in this or any subsequent

proceeding in which such care, custody or guardianship or adoption may

be at issue.

Collected 2026-09-14T19:32:44Z. Source file · JSON

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