2006 New York Code - Whose Consent Required.

 
    §   111.  Whose  consent  required.  1.  Subject  to  the  limitations
  hereinafter set forth consent to adoption shall be required as follows:
    (a) Of the adoptive child, if over fourteen years of age,  unless  the
  judge or surrogate in his discretion dispenses with such consent;
    (b)  Of the parents or surviving parent, whether adult or infant, of a
  child conceived or born in wedlock;
    (c) Of the mother, whether adult or infant, of a  child  born  out  of
  wedlock;
    (d)  Of  the  father,  whether  adult  or  infant,  of  a  child  born
  out-of-wedlock and placed with the adoptive parents more than six months
  after birth, but only if such father shall have  maintained  substantial
  and  continuous or repeated contact with the child as manifested by: (i)
  the payment by the father toward the support of the child of a fair  and
  reasonable  sum,  according  to  the father's means, and either (ii) the
  father's visiting  the  child  at  least  monthly  when  physically  and
  financially  able to do so and not prevented from doing so by the person
  or authorized agency having lawful custody of the child,  or  (iii)  the
  father's  regular  communication  with  the  child or with the person or
  agency having the care or custody of  the  child,  when  physically  and
  financially  unable to visit the child or prevented from doing so by the
  person or authorized agency having lawful  custody  of  the  child.  The
  subjective  intent  of  the  father,  whether  expressed  or  otherwise,
  unsupported by evidence of acts specified in this paragraph  manifesting
  such  intent,  shall not preclude a determination that the father failed
  to maintain substantial and continuous  or  repeated  contact  with  the
  child.  In  making  such  a determination, the court shall not require a
  showing of diligent efforts by any person or  agency  to  encourage  the
  father  to  perform  the  acts  specified  in  this paragraph. A father,
  whether adult or infant, of a  child  born  out-of-wedlock,  who  openly
  lived  with  the  child  for  a period of six months within the one year
  period immediately preceding the placement of the child for adoption and
  who during such period openly held himself out to be the father of  such
  child  shall  be  deemed  to  have maintained substantial and continuous
  contact with the child for the purpose of this subdivision.
    (e)  Of  the  father,  whether  adult  or  infant,  of  a  child  born
  out-of-wedlock  who  is  under  the  age of six months at the time he is
  placed for adoption, but only if: (i) such father openly lived with  the
  child  or  the  child's  mother  for  a  continuous period of six months
  immediately preceding the placement of the child for adoption; and  (ii)
  such  father  openly  held  himself  out  to be the father of such child
  during such period; and (iii) such father paid  a  fair  and  reasonable
  sum, in accordance with his means, for the medical, hospital and nursing
  expenses  incurred in connection with the mother's pregnancy or with the
  birth of the child.
    (f) Of any person or authorized agency having lawful  custody  of  the
  adoptive child.
    2.  The  consent  shall  not  be  required of a parent or of any other
  person having custody of the child:
    (a) who evinces an intent to forego his or her parental  or  custodial
  rights  and obligations as manifested by his or her failure for a period
  of six months to visit the child  and  communicate  with  the  child  or
  person having legal custody of the child, although able to do so; or
    (b)  who  has  surrendered the child to an authorized agency under the
  provisions of section three  hundred  eighty-three-c  or  three  hundred
  eighty-four of the social services law; or
    (c) for whose child a guardian has been appointed under the provisions
  of section three hundred eighty-four-b of the social services law; or
    (d) who, by reason of mental illness or mental retardation, as defined
  in  subdivision six of section three hundred eighty-four-b of the social
  services law, is presently and for  the  foreseeable  future  unable  to
  provide  proper  care  for the child.  The determination as to whether a
  parent  is mentally ill or mentally retarded shall be made in accordance
  with the criteria and procedures set forth in subdivision six of section
  three hundred eighty-four-b of the social services law; or
    (e) who has  executed  an  instrument,  which  shall  be  irrevocable,
  denying the paternity of the child, such instrument having been executed
  after  conception  and  acknowledged or proved in the manner required to
  permit the recording of a deed.
    3. (a) Notice of the proposed adoption shall  be  given  to  a  person
  whose  consent  to  adoption is required pursuant to subdivision one and
  who has not already provided such consent.
    (b) Notice and an opportunity to be heard upon the  proposed  adoption
  may  be  afforded  to  a  parent  whose  consent  to adoption may not be
  required pursuant to subdivision two,  if  the  judge  or  surrogate  so
  orders.
    (c) Notice under this subdivision shall be given in such manner as the
  judge or surrogate may direct.
    (d)  Notwithstanding any other provision of law, neither the notice of
  a proposed adoption nor any process in such proceeding shall be required
  to contain the name of the person or persons seeking to adopt the child.
    4. Where the adoptive child is over the  age  of  eighteen  years  the
  consents  specified in paragraphs (b), (c) and (d) of subdivision one of
  this section shall not be required, and the judge or  surrogate  in  his
  discretion  may  direct  that  the consent specified in paragraph (f) of
  subdivision one of this section shall not be required if in his  opinion
  the  best  interests  of  the  adoptive  child  will  be promoted by the
  adoption and such consent cannot for any reason be obtained.
    5. An adoptive child  who  has  once  been  lawfully  adopted  may  be
  readopted directly from such child's adoptive parents in the same manner
  as  from  its  natural parents. In such case the consent of such natural
  parents shall not  be  required  but  the  judge  or  surrogate  in  his
  discretion  may  require  that notice be given to the natural parents in
  such manner as he may prescribe.
    6. For the purposes of paragraph (a) of subdivision two:
    (a) In the absence of evidence to the contrary, the ability  to  visit
  and communicate with a child or person having custody of the child shall
  be presumed.
    (b) Evidence of insubstantial or infrequent visits or communication by
  the  parent  or  other  person having custody of the child shall not, of
  itself, be sufficient as a matter of law to preclude a finding that  the
  consent  of  such  parent or person to the child's adoption shall not be
  required.
    (c) The subjective intent of the parent or other person having custody
  of the child, whether expressed or otherwise, unsupported by evidence of
  acts specified in paragraph (a)  of  subdivision  two  manifesting  such
  intent,  shall  not  preclude  a  determination that the consent of such
  parent or other person to the child's adoption shall not be required.
    (d) Payment by a parent toward the support of the child of a fair  and
  reasonable  sum,  according  to  the  parent's  means, shall be deemed a
  substantial communication by such parent with the child or person having
  legal custody of the child.