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Assembly Bill A4646

2009-2010 Legislative Session

Allows action for fraud, duress or coercion in execution or inducement of private-placement adoption consents only if practiced by adoptive parents, agency or agent

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Archive: Last Bill Status - In Assembly Committee

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2009-A4646 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Domestic Relations Law
Laws Affected:
Amd ยง115-b, Dom Rel L

2009-A4646 (ACTIVE) - Summary

Provides that consents in private placement adoption may be voided for fraud, duress or coercion only where such is done by or on behalf of adoptive parents or the adoption agency.

2009-A4646 (ACTIVE) - Bill Text download pdf 

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

                                  4646

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 5, 2009
                               ___________

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

AN  ACT  to  amend the domestic relations law, in relation to voiding of
  consents to a private-placement adoption due to fraud, duress or coer-
  cion

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

  Section  1.  Subdivision  7 of section 115-b of the domestic relations
law, as amended by chapter 312 of the laws of 2002, is amended  to  read
as follows:
  7.  Nothing  contained in this section shall limit or affect the power
and authority of the court in an adoption proceeding,  pursuant  to  the
provisions  of  section one hundred sixteen of this title, to remove the
child from the home of the adoptive parents, upon the  ground  that  the
welfare  of  the child requires such action, and thereupon to return the
child to a birth parent or place the child with  an  authorized  agency,
or,  in the case of a surrogate, transfer the child to the family court;
nor shall this section bar actions or proceedings brought on the  ground
of  fraud,  duress  or  coercion  in  the  execution or inducement of an
adoption consent PROVIDED THAT SUCH FRAUD, DURESS OR COERCION WAS  PRAC-
TICED  BY  THE ADOPTIVE PARENTS, THEIR AGENTS OR ANY OTHER PERSON ACTING
ON THEIR BEHALF, OR THE ADOPTION AGENCY, ITS AGENTS OR ANY OTHER  PERSON
ACTING ON ITS BEHALF.
  S  2.    This  act  shall  take  effect on the first of September next
succeeding the date on which it shall have become a law.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08349-01-9

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