US Laws, Codes, Statutes & Cases

 
    § 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  natural
  parents  of the child have been deprived of civil rights or are mentally
  ill or mentally retarded, 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,  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, 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, 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.