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

 
    §  113.  Special  provisions  relating  to  adoption  from  authorized
  agencies.  1. An authorized agency may consent  to  the  adoption  of  a
  minor  whose  custody  and  guardianship  has  been  transferred to such
  agency. An authorized agency may also consent to the adoption of a minor
  whose care and custody has been transferred to such agency  pursuant  to
  section one thousand fifty-five of the family court act or section three
  hundred  eighty-four-a  of  the  social services law, where such child's
  parents are both deceased, or where one parent is deceased and the other
  parent is not a person entitled  to  notice  pursuant  to  sections  one
  hundred eleven and one hundred eleven-a of this chapter.
    2.   In  accordance  with  subparagraph  three  of  paragraph  (g)  of
  subdivision six of section three  hundred  ninety-eight  of  the  social
  services  law,  an  authorized  agency may submit a written request to a
  social services district with a population of more than two million  for
  approval  to  consent  to  the  adoption  of  a  child whose custody and
  guardianship, or  of  a  child  where  such  child's  parents  are  both
  deceased,  or  where  one parent is deceased and the other parent is not
  entitled to notice pursuant to  sections  one  hundred  eleven  and  one
  hundred  eleven-a  of this chapter, and whose care and custody, has been
  transferred to a social services official and who has been placed by the
  social services official with the authorized agency. If the  request  is
  not  disapproved by the social services district within sixty days after
  its submission, it shall be deemed approved, and the  authorized  agency
  may  give  all  necessary  consent to the adoption of the child. Nothing
  herein shall result in the transfer of care and custody or  custody  and
  guardianship  of  the  child  from  the  social services official to the
  authorized agency.
    3. The agreement of adoption shall  be  executed  by  such  authorized
  agency.  If the adoption petition is filed pursuant to subdivision eight
  of section one hundred twelve of this  article  or  subdivision  ten  of
  section  three  hundred  eighty-three-c or subdivision eleven of section
  three hundred eighty-four-b of the social  services  law,  the  petition
  shall  be  filed  in the county where the termination of parental rights
  proceeding or judicial surrender proceeding, as applicable, is  pending.
  In  any other agency adoption proceeding, the petition shall be filed in
  the county in which parental rights had been terminated  or  a  judicial
  surrender  had been approved or in the county where the adoptive parents
  reside or, if such adoptive parents do not reside in this state, in  the
  county  where  such  authorized agency has its principal office. Neither
  such authorized agency nor any officer  or  agent  thereof  need  appear
  before  the  judge  or  surrogate.  The judge or surrogate in his or her
  discretion may accept the report of an authorized agency verified by one
  of its officers or agents as the report  of  investigation  hereinbefore
  required.  In  making  orders  of  adoption  the judge or surrogate when
  practicable must give custody only to  persons  of  the  same  religious
  faith  as  that  of the adoptive child in accordance with article six of
  the social services law.