| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| Jan 08, 2014 |
referred to children and families |
| Feb 26, 2013 |
referred to children and families |
Senate Bill S3898
2013-2014 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Senate Committee Children And Families Committee
Actions
2013-S3898 (ACTIVE) - Details
2013-S3898 (ACTIVE) - Sponsor Memo
BILL NUMBER:S3898
TITLE OF BILL: An act to amend the domestic relations law, in
relation to eliminating the requirement of a parent to consent to the
adoption of his or her child when such parent has had an order of
protection issued against him or her for the protection of the other
parent, a person having lawful custody of such child or the child
PURPOSE OR GENERAL IDEA OF BILL: This bill eliminates the requirement
for parental consent to an adoption when the patent has an order of
protection against them for the protection of the other parent.
SUMMARY OF SPECIFIC PROVISIONS:
Section one of this bill amends paragraph (e) of subdivision 2 of
section 111 of the domestic relations law to add a new paragraph (f)
that provides that the consent shall not be required of a parent,
whether that parent is an adult or child, of a child conceived or born
in wedlock, if such parent has had an order of protection imposed on
them by a judge against the other parent or persons having lawful
custody of the child, or against the child.
Section two of the bill provides the enactment date.
JUSTIFICATION: This bill would correct a contradiction in state
domestic relations law which stipulates that if an adoption of a child
2013-S3898 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
3898
2013-2014 Regular Sessions
I N S E N A T E
February 26, 2013
___________
Introduced by Sen. YOUNG -- read twice and ordered printed, and when
printed to be committed to the Committee on Children and Families
AN ACT to amend the domestic relations law, in relation to eliminating
the requirement of a parent to consent to the adoption of his or her
child when such parent has had an order of protection issued against
him or her for the protection of the other parent, a person having
lawful custody of such child or the 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 2 of section 111 of the domes-
tic relations law, as amended by chapter 375 of the laws of 1997, is
amended and a new paragraph (f) is added to read as follows:
(e) who has executed an instrument, which shall be irrevocable, deny-
ing the paternity of the child, such instrument having been executed
after conception and acknowledged or proved in the manner required to
permit the recording of a deed[.]; OR
(F) WHO, WHETHER AN ADULT OR CHILD:
(I) IS THE PARENT OF THE CHILD; AND
(II) IS THE SPOUSE OR FORMER SPOUSE OF THE OTHER PARENT OF THE CHILD
CONCEIVED OR BORN IN WEDLOCK; AND
(III) HAS HAD AN ORDER OF PROTECTION ISSUED AGAINST HIM OR HER FOR THE
PROTECTION OF THE OTHER PARENT, A PERSON HAVING LAWFUL CUSTODY OF SUCH
CHILD OR THE CHILD, WHICH IS IN EFFECT AT THE TIME OF THE PLACEMENT OF
THE CHILD OR AT ANY TIME DURING THE SIX MONTH PERIOD PRECEDING SUCH
PLACEMENT.
S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09048-01-3
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