2006 New York Code - Notice In Certain Proceedings To Fathers Of Children Born Out-of-wedlock.

 
    §  111-a.  Notice  in  certain proceedings to fathers of children born
  out-of-wedlock. 1. Notwithstanding any inconsistent provisions  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 adoption  proceeding
  initiated  pursuant  to  this  article  or  of  any proceeding initiated
  pursuant to section one hundred fifteen-b relating to the revocation  of
  an  adoption  consent,  when  such  proceeding  involves  a  child  born
  out-of-wedlock provided, however, that such notice shall not be required
  to be given to any person who previously has been given  notice  of  any
  proceeding  involving  the  child,  pursuant  to  section  three hundred
  eighty-four-c of the social services  law,  and  provided  further  that
  notice  in an adoption proceeding, pursuant to this section shall not be
  required to be given to any person who has previously received notice of
  any proceeding pursuant to section one hundred fifteen-b. In addition to
  such other requirements as may be applicable  to  the  petition  in  any
  proceeding  in  which notice must be given pursuant to this section, the
  petition shall set forth the names  and  last  known  addresses  of  all
  persons  required to be given notice of the proceeding, pursuant to this
  section, and there shall be shown by the petition  or  by  affidavit  or
  other  proof  satisfactory  to the court that there are no persons other
  than those set forth in the petition who are entitled to notice. For the
  purpose  of  determining  persons  entitled  to   notice   of   adoption
  proceedings  initiated  pursuant  to  this article, persons specified in
  subdivision two of this section shall not include  any  person  who  has
  been   convicted   of  rape  in  the  first  degree  involving  forcible
  compulsion, under subdivision one of section 130.35 of  the  penal  law,
  when  the  child who is the subject of the proceeding was conceived as a
  result of such rape.
    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 the  social  services
  law;
    (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 the social services law;
    (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  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 of the social services law; 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.
    The  sole  purpose of notice under this section shall be to enable the
  person served pursuant to subdivision two 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 of the  social
  services law, 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 the social services law.
    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 adoption or other disposition of the  custody  of
  the child.
    7.  No order of adoption and no order of the court pursuant to section
  one hundred fifteen-b 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.  Nor  shall  any  order  of 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  pursuant to section one hundred fifteen-b in which
  the court determined that the best  interests  of  the  child  would  be
  served by adoption of the child by the adoptive parents.