2006 New York Code - General Provisions Relating To Adoption From Authorized Agencies.

 
    §  112.  General  provisions  relating  to  adoption  from  authorized
  agencies. In  an  adoption  from  an  authorized  agency  the  following
  requirements shall be observed:
    1.  The  adoptive parents or parent and the adoptive child must appear
  for examination before a judge or surrogate of the county  specified  in
  section  one  hundred  thirteen of this title.   The judge or surrogate,
  however, may in his discretion 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.
    2.  The  adoptive  parents  or  parent  and the adoptive child if over
  eighteen years of age must present to such  judge  or  surrogate  (a)  a
  petition  stating  the  names and place of residence of the petitioners;
  whether they are of full age; whether they are married or unmarried and,
  if married, whether they are living together as husband  and  wife;  the
  first  name,  date and place of birth of the adoptive child as nearly as
  the same can be ascertained; a statement on information and belief  that
  there  will  be  annexed  to  the petition a schedule verified by a duly
  constituted official of  the  authorized  agency  as  required  by  this
  section;  the religious faith of the petitioners; the religious faith of
  the adoptive child and his or her parents as nearly as the same  can  be
  ascertained;  the  manner  in  which  the  adoptive parents obtained the
  adoptive child; whether the child was placed or brought into  the  state
  of  New  York from out of state for the purpose of adoption, whether the
  placement was  subject  to  the  provisions  of  section  three  hundred
  seventy-four-a  of  the  social  services  law  and if the placement was
  subject to the provisions of such section,  whether  the  provisions  of
  such  section  were  complied  with; the period of time during which the
  adoptive child has resided with the adoptive parents; the occupation and
  approximate  income  of   the   petitioners,   including   support   and
  maintenance, if any, to be received on behalf of the adoptive child from
  a  commissioner of social services, pursuant to the social services law,
  and the new name, if any, by which the adoptive child is  to  be  known;
  whether  the  adoptive  parent  or parents has or have knowledge that an
  adoptive parent is the subject of an indicated report, as such terms are
  defined in section four hundred twelve of the social services law, filed
  with the statewide central register  of  child  abuse  and  maltreatment
  pursuant  to title six of article six of the social services law, or has
  been the subject of or the respondent in a child  protective  proceeding
  commenced  under  article  ten of the family court act, which proceeding
  resulted in an order finding that the child is an  abused  or  neglected
  child;  that no previous application has been made to any court or judge
  for the relief sought or if  so  made,  the  disposition  of  it  and  a
  statement  as to whether the adoptive child had been previously adopted,
  all of which statements shall be taken  prima  facie  as  true;  (b)  an
  agreement  on  the  part  of the adoptive parents or parent to adopt and
  treat the adoptive child as their or his or her own  lawful  child;  (c)
  the consents required by section one hundred eleven of this article.
    2-a.  In the petition provided for in subdivision two of this section,
  the adoptive parents or parent and the adoptive child if  over  eighteen
  years of age shall present to the judge or surrogate as nearly as can be
  ascertained   the   heritage   of   the  parents,  which  shall  include
  nationality, ethnic background and race; education, which shall  be  the
  number  of  years  of school completed by the parents at the time of the
  birth of the adoptive child; general physical appearance of the  parents
  at  the  time  of  the  birth of the adoptive child, which shall include
  height, weight, color of hair, eyes, skin; occupation of the parents  at
  the  time of the birth of the adoptive child; health and medical history
  of the parents at the time of the birth of the adoptive child, including
  all available information setting forth conditions or diseases  believed
  to  be hereditary, any drugs or medication taken during the pregnancy by
  the child's mother; and any other information  which  may  be  a  factor
  influencing  the  child's present or future health, talents, hobbies and
  special interests of parents. The petition shall also include the  names
  and current addresses of the biological parents, if known.
    3.  The  authorized  agency  must present to such judge or surrogate a
  schedule to be annexed to the petition which shall be verified by a duly
  constituted official of the authorized  agency  having  custody  of  the
  adoptive  child  or  actually  placing  the child for adoption and shall
  contain (1) the full name of the child, (2)  the  manner  in  which  the
  authorized agency obtained custody of the adoptive child, (3) the facts,
  if  any,  which  render unnecessary the consent of either or both of the
  parents of the adoptive child, (4) a statement whether either parent had
  ever requested the agency to return the  child  to  the  parent,  within
  thirty  days of the execution and delivery of an instrument of surrender
  to an authorized agency and, if so, all facts  relating  thereto.  If  a
  request  for  return  of  the  child  to  a  parent  be  made  after the
  presentation to the court of the petition and schedule,  the  authorized
  agency  shall promptly report to the court in writing the facts relating
  thereto and (5) all available information comprising the child's medical
  history. If the child was placed into the state  of  New  York  for  the
  purpose  of adoption and such placement was subject to the provisions of
  section three hundred seventy-four-a of the  social  services  law,  the
  authorized  agency  shall attach to the petition a copy of the document,
  signed by New York's administrator of the  interstate  compact  for  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.
    4. None of the papers in the proceeding shall state the surname of the
  child  in  the title and no petition, agreement, consent, affidavit, nor
  any other document which is  required  to  be  signed  by  the  adoptive
  parents shall contain the surname of the adoptive child.
    5.  The petition must be verified, the agreement and consents executed
  and acknowledged and the proof given by the  respective  persons  before
  such  judge  or  surrogate;  but  where  the  verification, agreement or
  necessary consent 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 persons or parties or any  of  them  for  good  cause
  shown, which reason shall be recited in the order of adoption.
    6.  Where  the  adoptive  child is less than eighteen years of age, no
  order of adoption shall be made until such child has  resided  with  the
  adoptive parents for at least three months unless the judge or surrogate
  in his discretion shall dispense with such period of residence and shall
  recite  in  the  order  the  reason  for  such action. When the adoptive
  parents are the foster parents in whose home the adoptive child has been
  placed out or boarded out for a period in excess of three  months,  such
  period shall be deemed to constitute the required period of residence.
    7.  Before  making  an  order of adoption the judge or surrogate shall
  inquire of the department of social services and  the  department  shall
  inform  the  court  whether  an  adoptive  parent  is  the subject of an
  indicated report, as such terms are  defined  in  section  four  hundred
  twelve  of  the  social  services  law, filed with the statewide central
  register of child abuse  and  maltreatment  pursuant  to  title  six  of
  article  six  of  the  social services law and shall cause to be made an
  investigation by a disinterested  person  or  by  an  authorized  agency
  specifically  designated  by  the judge or surrogate to examine into the
  allegations set forth in the petition and to ascertain such other  facts
  relating  to  the  adoptive child and adoptive parents as will give such
  judge or surrogate adequate  basis  for  determining  the  propriety  of
  approving  the adoption. A written report of such investigation shall be
  submitted before the  order  of  adoption  is  made.  As  used  in  this
  subdivision,  "disinterested  person"  includes the probation service of
  the family court. Such an inquiry shall not be required if the  findings
  of  such  an  inquiry made within the past twelve months is available to
  the judge or surrogate.
    8. Rules of court shall permit the filing of a petition  for  adoption
  of  a child whose custody and guardianship has not yet been committed to
  an authorized agency where a proceeding to terminate parental rights  is
  pending.  Such  adoption  petition shall be filed in the court where the
  termination of parental rights proceeding is pending. The clerk of  such
  court  shall  accept the adoption petition for filing and processing and
  shall request such inquiries of the department of social services as are
  required by subdivision seven of this section, provided,  however,  that
  the  petition,  supporting  documents and the fact of their filing shall
  not be provided to the judge before whom the petition for termination of
  parental rights is pending until such time as fact-finding is  concluded
  under such petition.