2006 New York Code - Special Provisions Relating To Children To Be Brought Into The State For Private-placement Adoption.

 
    §  115-a.  Special  provisions relating to children to be brought into
  the state for private-placement adoption. 1. In  the  case  of  a  child
  whose  admission  to  the  United  States  as  an  eligible  orphan with
  non-quota immigrant status  pursuant  to  the  federal  immigration  and
  nationality  act  is  sought for the purpose of adoption in the state of
  New York, the following pre-adoption  requirements  shall  be  observed:
  (a)  The adoptive parents or parent must present to a judge or surrogate
  having jurisdiction of adoption proceedings, in the county of  residence
  of  such  adoptive  parents  or  parent,  a verified written application
  containing the information set forth in subdivision two of this section,
  in such form as the judge or surrogate may prescribe  for  an  order  of
  pre-adoption  investigation, to determine whether the adoption may be in
  the best interests of the child.   (b) The adoptive  parents  or  parent
  must  appear  for examination before the judge or surrogate of the court
  where the pre-adoption proceedings are instituted.
    (c)  The  application  must  be  accompanied  by  duly   authenticated
  documentary  evidence:  (1)  that the child is an alien under the age of
  sixteen  and  (2)  that  he  is  an  orphan  because  of  the  death  or
  disappearance  of  both parents, or because of abandonment, or desertion
  by, or separation or loss from, both parents, or who has only one parent
  due to the death or disappearance of, abandonment, or desertion  by,  or
  separation  or  loss  from the other parent, and the remaining parent is
  incapable  of  providing  care  for  such  orphan  and  has  in  writing
  irrevocably  released him for emigration and adoption, and has consented
  to the proposed adoption. In all cases where the orphan has no remaining
  parent under the circumstances set  forth  above,  documentary  evidence
  must  be presented that the person, public authority or duly constituted
  agency having lawful custody of the orphan at the time of the making  of
  the  application, hereunder, has in writing irrevocably released him for
  immigration and adoption and has consented to the proposed adoption  and
  (3)  that  the  adoptive  parents  agree to adopt and treat the adoptive
  child as their or his or her own lawful child.
    (d) In addition thereto such additional releases and consents  as  the
  court may in its sound discretion require.
    2.  The  verified  written  application  shall  contain  the following
  information: the names and place of residence of the adoptive parent  or
  parents;  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  name,  date and place of birth of the adoptive child as
  nearly as the same can  be  ascertained;  the  religious  faith  of  the
  adoptive  parent  or  parents; the religious faith of the adoptive child
  and his parents as nearly as the same can be  ascertained;  the  medical
  history  of the adoptive child as nearly as the same can be ascertained;
  the occupation and approximate income of the adoptive parent or parents,
  and the name by which the  adoptive  child  is  to  be  known;  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 has been previously adopted, if such fact is
  known to the adoptive parent or parents; the facts which establish  that
  the  child  is  an  eligible  orphan  who would be entitled to enter the
  United States  with  non-quota  immigrant  status  for  the  purpose  of
  adoption  in  New  York state, pursuant to the provisions in the federal
  immigration and nationality act, in such case  made;  the  circumstances
  whereby,  and names and addresses of the intermediaries, if any, through
  whom the adoptive  parent  or  parents  learned  of  the  existence  and
  eligibility  of  the  child and the names and addresses of the person or
  persons, public authority or duly constituted agency in the land of  the
  child's  residence  executing  the  written  release  of  the  child for
  emigration  and  adoption,  and  the  consent  to  such  adoption,   the
  circumstances under which the release and consent were obtained, insofar
  as they are known to the adoptive parent or parents.
    2-a.  The  verified  written  application  shall contain the following
  information: the heritage of the parents as nearly as the  same  can  be
  ascertained,  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.
    3.   Upon   receiving   the  verified  written  application,  required
  documentary evidence, agreement and consents, the  judge  or  surrogate,
  upon  finding  that  the  applicable  provisions  of section one hundred
  fifteen-a have been complied with and that it appears that the  proposed
  adoption may be in the best interests of the child, shall issue an order
  of  pre-adoption  investigation  hereunder.  The  order  of pre-adoption
  investigation shall require that the report  of  such  investigation  be
  made  by  a  disinterested  person  who  in  the opinion of the judge or
  surrogate is qualified by training and experience, or by  an  authorized
  agency specifically designated by him to examine into the statements set
  forth  in  the application. The investigator shall make a written report
  of his investigation into the truth and accuracy of  the  statements  in
  the   application  and  where  applicable,  into  the  validity  of  the
  documentary evidence, submitted  with  the  application,  and  he  shall
  ascertain  as  fully  as  possible,  and  incorporate  in his report the
  various factors which may bear upon the determination of the application
  for adoption including, but not limited to, the following information:
    (a) the marital and family status, and history, of adoptive parents;
    (b) the physical and mental health of the adoptive parents;
    (c) the property owned by and the income of the adoptive parents;
    (d) the compensation paid or agreed upon with respect to the placement
  of the child for adoption;
    (e) whether either adoptive parent has ever  been  respondent  in  any
  proceeding  concerning  allegedly  neglected,  abandoned  or  delinquent
  children;
    (f) the desirability of bringing the child into  New  York  state  for
  private-placement adoption;
    (g)   any  other  facts  relating  the  familial,  social,  religious,
  emotional and financial circumstances of the adoptive parents which  may
  be relevant to a determination of suitability of the adoption.
    The written report of pre-adoption investigation shall be submitted to
  the  judge or surrogate within thirty days after the same is directed to
  be made, unless for good cause shown the judge or surrogate shall  grant
  a  reasonable  extension  of such period. The report shall be filed with
  the judge or surrogate, in any event, before the court shall  issue  its
  pre-adoption  certificate  that  it  appears that the adoption is in the
  best interests of the child.
    4.  On the return of the pre-adoption investigation order the judge or
  surrogate  shall  examine  the  written  report  of   the   pre-adoption
  investigation, and shall determine upon the basis of such written report
  and  such  further  proof,  if any, as he may deem necessary, whether to
  issue a pre-adoption certificate as provided for in this subdivision.
    If  the  court  is  satisfied  that  the  adoption  may be in the best
  interests of the child, and that there  has  been  compliance  with  all
  requirements  hereof  and  is  satisfied  that  the  moral  and temporal
  interests of the child will be promoted by the adoption,  the  judge  or
  surrogate  shall  issue  an original certificate under seal of the court
  and two  certified  copies  thereof,  setting  forth  the  fact  that  a
  pre-adoption   investigation   has  been  conducted,  and  reciting  the
  documents and papers submitted therewith and stating that in the opinion
  of the court there is compliance with all applicable laws  and  that  it
  appears from such investigation that the moral and temporal interests of
  the  child  will  be  promoted  by  the  proposed adoption. The original
  certificate shall be filed with the clerk of the  court,  one  certified
  copy  with  the  state commissioner of social services, and the adoptive
  parents shall receive the second  certified  copy.  The  fact  that  the
  adoptive  child  was born out of wedlock shall in no case appear in such
  certificate. The written report of pre-adoption  investigation  together
  with  all  other papers pertaining to the pre-adoption investigation and
  the original certificate shall be kept  by  the  court  as  a  permanent
  record  and  such  papers  must be sealed by the judge and withheld from
  inspection.  No person shall be allowed access to  such  sealed  records
  and  original  certificate and any index thereof except upon an order of
  the court in which the pre-adoption certificate was made or an order  of
  a justice of the supreme court. No order for access and inspection shall
  be  granted  except  on  due  notice to the adoptive parents and on good
  cause shown.   In  like  manner  as  a  court  of  general  jurisdiction
  exercises  such  powers, the court in which the pre-adoption certificate
  was made may open, vacate or set aside such certificate for fraud, newly
  discovered evidence or other sufficient cause.
    5. The private-placement adoption of children who  have  been  brought
  into  the  United  States and the state for such purpose and placed with
  the adoptive parent or parents, shall be effected after issuance of  the
  pre-adoption   certificate,  in  the  manner  provided  by  this  title,
  excepting that (a) the  petition  shall  also  recite  the  pre-adoption
  proceedings,  and  (b)  the  court  may in its discretion for good cause
  shown, waive a subsequent investigation.  In  such  case  the  order  of
  adoption shall recite the reason for such action.
    6.  In  any  case  where  there  has been a failure to comply with the
  requirements of this section, if applicable, no order of adoption  shall
  be  made until one year after the court shall have received the petition
  to adopt. The court may shorten  such  waiting  period  for  good  cause
  shown,  and,  in such case the order of adoption shall recite the reason
  for such action.
    7. The provisions of this section, shall  not  be  applicable  to  the
  adoption  of  children placed out or to be placed out for adoption by an
  authorized agency as defined in section three hundred seventy-one of the
  social services law.
    8. Notwithstanding any provision of law to the contrary, where a child
  is placed with a couple or individual in New York state for the  purpose
  of  adoption,  and where said adoption has theretofore been finalized in
  the country of birth, outside the United States, the  couple  or  person
  may  petition  the court in their county of residence in New York state,
  for the readoption of said child in accordance with  the  provisions  of
  this  chapter,  providing  for  adoptions  originally  commenced in this
  state. In any proceeding for readoption, proof  of  finalization  of  an
  adoption  outside the United States shall be prima facie evidence of the
  consent of those  parties  required  to  give  consent  to  an  adoption
  pursuant to section one hundred eleven of this article.