N.Y. Social Services Law § 384-c: Notice in certain proceedings to fathers of children born out-of-wedlock

§ 384-c. Notice in certain proceedings to fathers of children born

out-of-wedlock. 1. Notwithstanding any inconsistent provision of this

or any other law, and in addition to the notice requirements of any law

pertaining to persons other than those specified in subdivision two of

this section, notice as provided herein shall be given to the persons

specified in subdivision two of this section of any proceeding initiated

pursuant to sections three hundred fifty-eight-a and three hundred

eighty-four of this title, involving a child born out-of-wedlock.

Persons specified in subdivision two of this section shall not include

any person who has been convicted of one or more of the following sexual

offenses in this state or convicted of one or more offenses in another

jurisdiction which, if committed in this state, would constitute one or

more of the following offenses, when the child who is the subject of the

proceeding was conceived as a result: (a) rape in first or second

degree; (b) course of sexual conduct against a child in the first

degree; (c) predatory sexual assault; or (d) predatory sexual assault

against a child.

2. Persons entitled to notice, pursuant to subdivision one of this

section, shall include:

(a) any person adjudicated by a court in this state to be the father

of the child;

(b) any person adjudicated by a court of another state or territory of

the United States to be the father of the child, when a certified copy

of the court order has been filed with the putative father registry,

pursuant to section three hundred seventy-two-c of this chapter;

(c) any person who has timely filed an unrevoked notice of intent to

claim paternity of the child, pursuant to section three hundred

seventy-two-c of this chapter;

(d) any person who is recorded on the child's birth certificate as the

child's father;

(e) any person who is openly living with the child and the child's

mother at the time the proceeding is initiated or at the time the child

was placed in the care of an authorized agency, and who is holding

himself out to be the child's father;

(f) any person who has been identified as the child's father by the

mother in written, sworn statement;

(g) any person who was married to the child's mother within six months

subsequent to the birth of the child and prior to the execution of a

surrender instrument or the initiation of a proceeding pursuant to

section three hundred eighty-four-b; and

(h) any person who has filed with the putative father registry an

instrument acknowledging paternity of the child, pursuant to section

4-1.2 of the estates, powers and trusts law.

3. The provisions of this section shall not apply to persons entitled

to notice pursuant to section one hundred eleven of the domestic

relations law. The sole purpose of notice under this section shall be to

enable the person served pursuant to subdivision two of this section to

present evidence to the court relevant to the best interests of the

child.

4. Notice under this section shall be given at least twenty days prior

to the proceeding by delivery of a copy of the petition and notice to

the person. Upon a showing to the court, by affidavit or otherwise, on

or before the date of the proceeding or within such further time as the

court may allow, that personal service cannot be effected at the

person's last known address with reasonable effort, notice may be given,

without prior court order therefor, at least twenty days prior to the

proceeding by registered or certified mail directed to the person's last

known address or, where the person has filed a notice of intent to claim

paternity pursuant to section three hundred seventy-two-c, to the

address last entered therein. Notice by publication shall not be

required to be given to a person entitled to notice pursuant to the

provisions of this section.

5. A person may waive his right to notice under this section by

written instrument subscribed by him and acknowledged or proved in the

manner required for the execution of a surrender instrument pursuant to

section three hundred eighty-four of this chapter.

6. The notice given to persons pursuant to this section shall inform

them of the time, date, place and purpose of the proceeding and shall

also apprise such persons that their failure to appear shall constitute

a denial of their 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.

7. No order of the court in any proceeding pursuant to section three

hundred fifty-eight-a or three hundred eighty-four of this title or in

any subsequent proceeding involving the child's custody, guardianship or

adoption shall be vacated, annulled or reversed upon the application of

any person who was properly served with notice in accordance with this

section but failed to appear, or who waived notice pursuant to

subdivision five of this section. Nor shall any order of the court in

any proceeding involving the child's custody, guardianship or adoption

be vacated, annulled or reversed upon the application of any person who

was properly served with notice in accordance with this section in any

previous proceeding in which the court determined that the transfer or

commitment of the child's care, custody or guardianship to an authorized

agency was in the child's best interests.