Assembly Bill A2308

2009-2010 Legislative Session

Allows a person who has visitation or contact rights with a child to petition family court to continue such rights if the child has been surrendered to an agency

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2009-A2308 (ACTIVE) - Details

Current Committee:
Assembly Children And Families
Law Section:
Social Services Law
Laws Affected:
Amd ยง383-c, Soc Serv L

2009-A2308 (ACTIVE) - Summary

Allows a parent who has visitation or contact rights with a child pursuant to a surrender agreement to petition family court to enforce such rights against the agency to which the child was surrendered or the adoptive parents; failure of the adoptive parents to comply with the terms of the surrender shall not be grounds for the abrogation of such surrender.

2009-A2308 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2308

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2009
                               ___________

Introduced by M. of A. V. LOPEZ -- read once and referred to the Commit-
  tee on Children and Families

AN  ACT  to amend the social services law, in relation to enforcement of
  agreements for visitation after adoption

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  383-c  of  the social services law is amended by
adding a new subdivision 11 to read as follows:
  11. ENFORCEMENT. A PERSON WHO HAS EXECUTED A JUDICIAL  OR  EXTRA-JUDI-
CIAL  SURRENDER  PURSUANT  TO  THIS  SECTION  WHICH HAS RESERVED TO SUCH
PERSON ANY RIGHT TO VISIT WITH, SPEAK WITH, WRITE TO OR LEARN ABOUT  THE
CHILD  MAY  PETITION THE FAMILY COURT FOR AN ORDER DIRECTING THE AUTHOR-
IZED AGENCY TO WHICH THE CHILD WAS SURRENDERED, IF THE CHILD HAS NOT YET
BEEN ADOPTED, OR DIRECTING THE ADOPTIVE PARENTS, IF THE CHILD  HAS  BEEN
ADOPTED,  TO  COMPLY WITH SUCH RIGHTS AS WERE RESERVED IN THE SURRENDER.
THE FAILURE OF THE ADOPTIVE PARENTS TO COMPLY  WITH  THE  TERMS  OF  THE
SURRENDER  SHALL NOT, EXCEPT AS PROVIDED IN PARAGRAPH (D) OF SUBDIVISION
SIX OF THIS SECTION, BE GROUNDS FOR THE ABROGATION OF THE SURRENDER.
  S 2.  This act shall take effect on the ninetieth day after  it  shall
have become a law.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05725-01-9

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