S T A T E O F N E W Y O R K
________________________________________________________________________
5092
2009-2010 Regular Sessions
I N A S S E M B L Y
February 10, 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 requirements
for the consent of the father of a child born out of wedlock to the
adoption of such child
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (e) of subdivision 1 of section 111 of the domes-
tic relations law, as added by chapter 575 of the laws of 1980, is
amended to read as follows:
(e) Of the father, whether adult or infant, of a child born out-of-
wedlock who is under the age of six months at the time he is placed [for
adoption] IN THE HOME OF ADOPTIVE PARENTS, but only if: (i) [such father
openly lived with the child or the child's mother for a continuous peri-
od of six months immediately preceding the placement of the child for
adoption; and (ii) such father openly held himself out to be the father
of such child during such period; and (iii)] such father paid a fair and
reasonable sum, in accordance with his means, for the medical, hospital
and nursing expenses incurred in connection with the mother's pregnancy
or with the birth of the child AND TOWARD THE SUPPORT OF THE CHILD
DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE PLACEMENT OF THE CHILD
FOR ADOPTION OR OFFERS TO PAY SUCH SUM PROMPTLY THEREAFTER. SUCH OFFER
TO PAY MAY BE INCLUDED WITH THE FATHER'S PETITION OR APPLICATION AS
PROVIDED IN SUBPARAGRAPH (II) OF THIS PARAGRAPH; AND (II) SUCH FATHER
HAS INITIATED JUDICIAL PROCEEDINGS IN A COURT OF COMPETENT JURISDICTION
WHERE THE CHILD IS BORN OR THE MOTHER RESIDES TO ESTABLISH PATERNITY AND
OBTAIN SOLE CUSTODY OF THE CHILD BY THE EARLIEST OF THE FOLLOWING DATES:
FORTY-FIVE DAYS AFTER THE FATHER RECEIVES NOTICE THAT THE MOTHER HAS
EXECUTED A CONSENT OR SURRENDER OF THE CHILD FOR ADOPTION PURSUANT TO
THIS CHAPTER OR THE SOCIAL SERVICES LAW OR AFTER THE FATHER RECEIVES
NOTICE THAT THE ADOPTIVE PARENTS HAVE APPLIED FOR TEMPORARY GUARDIANSHIP
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08406-01-9
A. 5092 2
OF THE CHILD, OR TWENTY DAYS AFTER THE FATHER RECEIVES NOTICE THAT AN
ADOPTION PETITION HAS BEEN FILED, WHERE ANY SUCH NOTICE INFORMS THE
FATHER OF THE PROVISIONS OF THIS PARAGRAPH; PROVIDED THAT SUCH JUDICIAL
PROCEEDINGS SHALL BE COMMENCED BY A PETITION OR MOTION SETTING FORTH THE
FATHER'S PRESENT INTENTION AND ABILITY TO ASSUME SOLE CUSTODY OF THE
CHILD AND FURTHER PROVIDED THAT THE COURT HAS NOT DETERMINED THAT THE
FATHER SEEKING SOLE CUSTODY IS UNFIT OR THAT THE FATHER IS NOT ABLE OR
NOT WILLING TO ASSUME CUSTODY OF THE CHILD; OR (III) IN LIEU OF SUBPARA-
GRAPHS (I) AND (II) OF THIS PARAGRAPH SUCH FATHER MARRIED THE CHILD'S
MOTHER PRIOR TO THE MOTHER EXECUTING A CONSENT OR SURRENDER OF THE CHILD
FOR ADOPTION. FOR PURPOSES OF THIS PARAGRAPH, "ABILITY TO ASSUME SOLE
CUSTODY" SHALL MEAN ABILITY TO ASSUME GUARDIANSHIP AND CUSTODY OF THE
CHILD AND BECOME THE PRIMARY CARETAKER OF THE CHILD FOR THE FORESEEABLE
FUTURE.
S 2. This act shall take effect on the sixtieth day after it shall
have become a law and shall apply to all adoptive placements on or after
such date.