S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7516
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 8, 2019
                                ___________
 
 Introduced by M. of A. SIMOTAS, DINOWITZ -- (at request of the Office of
   Court  Administration)  --  read once and referred to the Committee on
   Judiciary
 
 AN ACT to amend the domestic relations law, the family court act and the
   social services law, in relation to conditional surrenders of parental
   rights in family and surrogate's court

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivisions  1  and  2  of section 112-b of the domestic
 relations law, subdivision 1 as added by section 63 of part A of chapter
 3 of the laws of 2005 and subdivision 2 as amended by chapter 41 of  the
 laws of 2010, are amended to read as follows:
   1.  Nothing in this section shall be construed to prohibit the parties
 to a proceeding under this  chapter  from  entering  into  an  agreement
 regarding communication with or contact between an adoptive child, adop-
 tive parent or parents and a birth parent or parents and/or the adoptive
 child's  biological  siblings  or half-siblings, PROVIDED, HOWEVER, THAT
 SUCH AN AGREEMENT SHALL NOT BE LEGALLY ENFORCEABLE UNLESS  THE  JUDICIAL
 APPROVAL  OF  THE  AGREEMENT  HAS BEEN INCORPORATED INTO A WRITTEN ORDER
 ENTERED BY THE COURT IN ACCORDANCE WITH SUBDIVISION TWO OF THIS SECTION.
   2. (A) Agreements regarding communication or contact between an  adop-
 tive  child,  adoptive  parent or parents, and a birth parent or parents
 and/or biological siblings or half-siblings of an adoptive  child  shall
 not  be legally enforceable unless the terms of the agreement are incor-
 porated into a written  court  order  entered  in  accordance  with  the
 provisions  of  this  section. AN AGREEMENT FOR CONTACT OR COMMUNICATION
 BETWEEN THE CHILD AND HIS OR HER SIBLINGS  OR  HALF-SIBLINGS  WHERE  THE
 CHILD  AND/OR  SIBLINGS  OR  HALF-SIBLINGS  ARE FOURTEEN YEARS OF AGE OR
 OLDER SHALL NOT BE ENFORCEABLE UNLESS SUCH CHILD  AND  SUCH  SIBLING  OR
 HALF-SIBLING  CONSENT  TO  THE AGREEMENT IN WRITING. The court shall not
 incorporate an agreement regarding  communication  or  contact  into  an
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09848-01-9

 A. 7516                             2
 
 order  unless  the  terms  and conditions of the agreement have been set
 forth in writing and consented to in  writing  by  the  parties  to  the
 agreement,  including  the attorney representing the adoptive child. The
 court  shall  not  enter  a proposed order unless the court IN WHICH THE
 SURRENDER WAS EXECUTED OR THE COURT that approved the surrender  of  the
 child  determined and stated in its order that the communication with or
 contact between the adoptive child, the prospective adoptive  parent  or
 parents  and  a  birth  parent  or parents and/or biological siblings or
 half-siblings, as agreed upon and as set forth in the  agreement,  would
 be  in  the  adoptive  child's best interests. Notwithstanding any other
 provision of law, a copy of the order entered pursuant to  this  section
 incorporating  the post-adoption contact agreement shall be given to all
 parties who have agreed to the terms and conditions of such order.
   (B) WITH RESPECT TO SURRENDERS EXECUTED ON OR AFTER JANUARY FIRST, TWO
 THOUSAND TWENTY, AN AGREEMENT REGARDING COMMUNICATION OR CONTACT FOLLOW-
 ING AN ADOPTION IS ONLY ENFORCEABLE IF APPROVAL  OF  THE  AGREEMENT  HAS
 BEEN INCORPORATED INTO AN ORDER IN CONJUNCTION WITH A SURRENDER EXECUTED
 BEFORE  A JUDGE; PROVIDED, HOWEVER, THAT AN AGREEMENT REGARDING COMMUNI-
 CATION OR CONTACT FOLLOWING AN ADOPTION OF A CHILD  FROM  AN  AUTHORIZED
 AGENCY  MADE  IN  CONJUNCTION  WITH  AN  EXTRA-JUDICIAL SURRENDER MAY BE
 ENFORCEABLE IF THE FOLLOWING ADDITIONAL CONDITIONS HAVE BEEN MET:    (I)
 THE  PARTY OR PARTIES SURRENDERING THE CHILD ATTEST IN A SWORN AFFIDAVIT
 THAT IT WOULD BE AN UNDUE HARDSHIP TO APPEAR IN  COURT  TO  EXECUTE  THE
 SURRENDER;  AND  (II)  THE  PARTY OR PARTIES SURRENDERING THE CHILD WERE
 REPRESENTED BY COUNSEL AND SUCH COUNSEL WAS PRESENT AT THE EXECUTION  OF
 THE  SURRENDER  AND  INFORMED  THE  SURRENDERING PARTY OR PARTIES OF THE
 REQUIREMENTS FOR ENFORCEABILITY OF THE POST-ADOPTION CONTACT AGREEMENT.
   § 2. Paragraph (iv) of subdivision (a) of section 262  of  the  family
 court  act,  as  amended by chapter 3 of the laws of 2012, is amended to
 read as follows:
   (iv) the parent or person legally responsible, foster parent, or other
 person having physical or legal custody of the child in  any  proceeding
 under  article  ten or ten-A of this act or section three hundred fifty-
 eight-a, three hundred  EIGHTY-THREE-C,  THREE  HUNDRED  eighty-four  or
 three hundred eighty-four-b of the social services law, and a non-custo-
 dial  parent or grandparent served with notice pursuant to paragraph (e)
 of subdivision two of section three hundred eighty-four-a of the  social
 services law;
   §  3.  Paragraph  (b)  of subdivision 2 of section 383-c of the social
 services law, as amended by chapter 41 of the laws of 2010,  is  amended
 to read as follows:
   (b)  (I)  If  a surrender instrument designates a particular person or
 persons who will adopt a child, such  person  or  persons,  the  child's
 birth  parent  or parents, the authorized agency having care and custody
 of the child and the child's attorney[,] may enter into a written agree-
 ment providing for communication or contact between the  child  and  the
 child's  parent or parents on such terms and conditions as may be agreed
 to by the parties. SUCH TERMS AND CONDITIONS SHALL BE SET FORTH IN WRIT-
 ING AND CONSENTED TO IN WRITING BY THE PARTIES TO THE AGREEMENT, INCLUD-
 ING THE ATTORNEY REPRESENTING THE CHILD.
   (II) If a surrender instrument does not designate a particular  person
 or  persons  who  will adopt the child, then the child's birth parent or
 parents, the authorized agency having care and custody of the child  and
 the  child's  attorney  may enter into a written agreement providing for
 communication or contact, on such terms and conditions as may be  agreed
 to by the parties. SUCH TERMS AND CONDITIONS SHALL BE SET FORTH IN WRIT-

 A. 7516                             3
 
 ING AND CONSENTED TO IN WRITING BY THE PARTIES TO THE AGREEMENT, INCLUD-
 ING THE ATTORNEY REPRESENTING THE CHILD.
   (III)  Such agreement also may provide terms and conditions for commu-
 nication with or contact between the child and  the  child's  biological
 siblings  or  half-siblings, if any. If any such sibling or half-sibling
 is fourteen years of age or older, such terms and conditions  shall  not
 be  enforceable  unless  such  sibling  or  half-sibling consents to the
 agreement in writing.
   (IV) If the court before which the surrender instrument  is  presented
 for  approval determines that the agreement concerning communication and
 contact is in the child's best interests, the court  shall  approve  the
 agreement  AND  INCORPORATE  SUCH APPROVAL INTO A WRITTEN COURT ORDER, A
 COPY OF WHICH SHALL BE GIVEN TO THE  PARTIES.  If  the  court  does  not
 approve  the agreement, the court may nonetheless approve the surrender;
 provided, however, that  the  birth  parent  or  parents  executing  the
 surrender  instrument  shall  be  INFORMED  THAT  THE  AGREEMENT  IS NOT
 ENFORCEABLE IN A COURT OF LAW AND SHALL BE given the opportunity at that
 time to withdraw such instrument.
   (V) Enforcement of any agreement prior to the adoption  of  the  child
 shall  be  in  accordance  with  subdivision (b) of section one thousand
 fifty-five-a of the family court act. Subsequent to the adoption of  the
 child,  enforcement of any agreement shall be in accordance with section
 one hundred twelve-b of the domestic relations law.
   § 4. Subdivision 4 of section 383-c of  the  social  services  law  is
 amended by adding a new paragraph (g) to read as follows:
   (G)  A  SURRENDER  OF A CHILD, EXECUTED ON OR AFTER JANUARY FIRST, TWO
 THOUSAND TWENTY, WHICH IS MADE IN CONJUNCTION WITH AN AGREEMENT CONTAIN-
 ING CONDITIONS, INCLUDING, BUT NOT LIMITED TO, IDENTIFYING THE  PROSPEC-
 TIVE  ADOPTIVE PARENT OR PARENTS OR PRESCRIBING COMMUNICATION OR CONTACT
 WITH THE CHILD AND THE ADOPTIVE PARENT OR  PARENTS  AND/OR  BETWEEN  THE
 CHILD  AND HIS OR HER BIOLOGICAL SIBLINGS OR HALF-SIBLINGS FOLLOWING THE
 SURRENDER AND ADOPTION OF THE CHILD SHALL BE EXECUTED  BEFORE  A  JUDGE;
 PROVIDED,  HOWEVER,  THAT  SUCH AN AGREEMENT MADE IN CONJUNCTION WITH AN
 EXTRA-JUDICIAL SURRENDER EXECUTED AFTER SUCH DATE MAY BE ENFORCEABLE  IF
 THE  FOLLOWING  CONDITIONS HAVE BEEN MET IN ADDITION TO THOSE DELINEATED
 IN PARAGRAPH (B) OF THIS SUBDIVISION: (I) THE PARTY OR  PARTIES  SURREN-
 DERING  THE  CHILD ATTEST IN A SWORN AFFIDAVIT THAT IT WOULD BE AN UNDUE
 HARDSHIP TO APPEAR IN COURT TO EXECUTE THE SURRENDER; AND (II) THE PARTY
 OR PARTIES SURRENDERING THE CHILD WERE REPRESENTED BY COUNSEL  AND  SUCH
 COUNSEL  WAS  PRESENT AT THE EXECUTION OF THE SURRENDER AND INFORMED THE
 SURRENDERING PARTY OR PARTIES OF THE REQUIREMENTS FOR ENFORCEABILITY  OF
 THE AGREEMENT.
   § 5. Subparagraphs (ii) and (iii) of paragraph (b) of subdivision 5 of
 section  383-c  of the social services law, subparagraph (ii) as amended
 by chapter 601 of the laws of 1994 and subparagraph (iii)  as  added  by
 chapter 479 of the laws of 1990, are amended to read as follows:
   (ii)  that  the  parent is giving up all rights to have custody, visit
 with, speak with, write to or learn about the child, forever, unless the
 parties have agreed to different terms pursuant to  subdivision  two  of
 this  section[,]  and  unless such terms are written in the surrender OR
 ARE WRITTEN IN AN AGREEMENT APPROVED BY THE COURT IN AN ORDER IN ACCORD-
 ANCE WITH SUCH  SUBDIVISION,  or,  if  the  parent  registers  with  the
 adoption information register, as specified in section forty-one hundred
 thirty-eight-d  of  the  public  health  law,  that  the  parent  may be
 contacted at anytime after the child reaches the age of eighteen  years,
 but only if both the parent and the adult child so choose;

 A. 7516                             4
 
   (iii)  that the child will be adopted without the parent's consent and
 without further notice to the parent, and will be adopted by any  person
 that  the  agency  chooses,  unless  the surrender paper OR AN AGREEMENT
 APPROVED BY THE COURT IN AN ORDER IN ACCORDANCE WITH SUBDIVISION TWO  OF
 THIS  SECTION  contains  the  name  of the person or persons who will be
 adopting the child; and
   § 6. Paragraph (b) of subdivision 2  of  section  384  of  the  social
 services  law,  as amended by chapter 41 of the laws of 2010, is amended
 to read as follows:
   (b) (I) If a surrender instrument designates a  particular  person  or
 persons  who  will  adopt  a  child, such person or persons, the child's
 birth parent or parents, the authorized agency having care  and  custody
 of the child and the child's attorney[,] may enter into a written agree-
 ment  providing  for  communication or contact between the child and the
 child's parent or parents on such terms and conditions as may be  agreed
 to by the parties. SUCH TERMS AND CONDITIONS SHALL BE SET FORTH IN WRIT-
 ING AND CONSENTED TO IN WRITING BY THE PARTIES TO THE AGREEMENT, INCLUD-
 ING THE ATTORNEY REPRESENTING THE CHILD.
   (II)  If a surrender instrument does not designate a particular person
 or persons who will adopt the child, then the child's  birth  parent  or
 parents,  the authorized agency having care and custody of the child and
 the child's attorney may enter into a written  agreement  providing  for
 communication  or contact, on such terms and conditions as may be agreed
 to by the parties. SUCH TERMS AND CONDITIONS SHALL BE SET FORTH IN WRIT-
 ING AND CONSENTED TO IN WRITING BY THE PARTIES TO THE AGREEMENT, INCLUD-
 ING THE ATTORNEY REPRESENTING THE CHILD.
   (III) Such agreement also may provide terms and conditions for  commu-
 nication  with  or  contact between the child and the child's biological
 sibling or half-sibling, if any.  If THE CHILD OR any  such  sibling  or
 half-sibling  is  fourteen years of age or older, [such terms and condi-
 tions] AN AGREEMENT FOR CONTACT OR COMMUNICATION BETWEEN THE  CHILD  AND
 HIS  OR  HER  SIBLINGS  OR HALF-SIBLINGS shall not be enforceable unless
 such CHILD, sibling or half-sibling consents to the agreement  in  writ-
 ing.
   (IV)  If  the court before which the surrender instrument is presented
 for EXECUTION OR approval, determines  that  the  agreement  [concerning
 communication  and  contact] is in the child's best interests, the court
 shall approve the agreement AND INCORPORATE SUCH APPROVAL INTO A WRITTEN
 COURT ORDER, A COPY OF WHICH SHALL BE GIVEN TO THE PARTIES. If the court
 does not approve the agreement, the court may  nonetheless  approve  the
 surrender; provided, however, that the birth parent or parents executing
 the  surrender  instrument  shall  be INFORMED THAT THE AGREEMENT IS NOT
 ENFORCEABLE IN A COURT OF LAW AND SHALL BE given the opportunity at that
 time to withdraw such instrument. Enforcement of any agreement prior  to
 the adoption of the child shall be in accordance with subdivision (b) of
 section one thousand fifty-five-a of the family court act. Subsequent to
 the  adoption  of  the  child,  enforcement of any agreement shall be in
 accordance with section one hundred twelve-b of the  domestic  relations
 law.
   §  7.  Subdivision  3  of  section  384 of the social services law, as
 amended by chapter 479 of the laws of 1990,  the  opening  paragraph  as
 amended by chapter 185 of the laws of 2006, the fifth undesignated para-
 graph  as  added  by chapter 680 of the laws of 2007, the sixth undesig-
 nated paragraph and the closing paragraph as added by chapter 76 of  the
 laws  of  2002, and subparagraphs (i) and (ii) of the sixth undesignated

 A. 7516                             5
 
 paragraph as amended by chapter 41 of the laws of 2010,  is  amended  to
 read as follows:
   3.  Instrument  AND INTERVENTION.   (A) The instrument herein provided
 shall be executed and acknowledged [(a)] (I) before any judge or  surro-
 gate in this state having jurisdiction over adoption proceedings, except
 that  if the child is being surrendered as a result of, or in connection
 with, a proceeding before the family court pursuant to  article  ten  or
 ten-A  of  the  family  court  act, the instrument shall be executed and
 acknowledged in the family court that exercised jurisdiction  over  such
 proceeding and shall be assigned, wherever practicable, to the judge who
 last presided over such proceeding; or [(b)] (II) in the presence of one
 or  more witnesses and acknowledged by such witness or witnesses, in the
 latter case before a notary public or other officer authorized  to  take
 proof  of deeds, and shall be recorded in the office of the county clerk
 in the county where such instrument is executed, or where the  principal
 office of such authorized agency is located, in a book which such county
 clerk shall provide and shall keep under seal.
   (B)  A  SURRENDER  OF A CHILD, EXECUTED ON OR AFTER JANUARY FIRST, TWO
 THOUSAND TWENTY, WHICH IS MADE IN CONJUNCTION WITH AN AGREEMENT CONTAIN-
 ING CONDITIONS, INCLUDING, BUT NOT LIMITED TO, IDENTIFYING THE  PROSPEC-
 TIVE  ADOPTIVE PARENT OR PARENTS OR PRESCRIBING COMMUNICATION OR CONTACT
 WITH THE CHILD AND THE ADOPTIVE PARENT OR  PARENTS  AND/OR  BETWEEN  THE
 CHILD  AND HIS OR HER BIOLOGICAL SIBLINGS OR HALF-SIBLINGS FOLLOWING THE
 SURRENDER AND ADOPTION OF THE CHILD SHALL BE EXECUTED  BEFORE  A  JUDGE;
 PROVIDED,  HOWEVER,  THAT  SUCH AN AGREEMENT MADE IN CONJUNCTION WITH AN
 EXTRA-JUDICIAL SURRENDER EXECUTED AFTER SUCH DATE MAY BE ENFORCEABLE  IF
 THE  FOLLOWING  CONDITIONS HAVE BEEN MET IN ADDITION TO THOSE DELINEATED
 IN PARAGRAPH (B) OF SUBDIVISION TWO OF THIS SECTION:
   (I) THE PARTY OR PARTIES SURRENDERING THE  CHILD  ATTEST  IN  A  SWORN
 AFFIDAVIT  THAT  IT  WOULD  BE  AN  UNDUE HARDSHIP TO APPEAR IN COURT TO
 EXECUTE THE SURRENDER; AND
   (II) THE PARTY OR PARTIES SURRENDERING THE CHILD WERE  REPRESENTED  BY
 COUNSEL  AND  SUCH COUNSEL WAS PRESENT AT THE EXECUTION OF THE SURRENDER
 AND INFORMED THE SURRENDERING PARTY OR PARTIES OF THE  REQUIREMENTS  FOR
 ENFORCEABILITY OF THE AGREEMENT.
   (C) Such record shall be subject to inspection and examination only as
 provided  in subdivisions three and four of section three hundred seven-
 ty-two of this title.
   (D) Notwithstanding any other provision of law, if the parent  surren-
 dering  the child for adoption is in foster care the instrument shall be
 executed before a judge of the family court.
   (E) Whenever the term surrender or surrender instrument is used in any
 law relating to the adoption of children who are not in foster care,  it
 shall  mean  and  refer  exclusively  to  the  instrument  [hereinabove]
 described IN THIS SUBDIVISION for the commitment of the guardianship  of
 the  person and the custody of a child to an authorized agency by his OR
 HER parents, parent or guardian; and in no case shall it  be  deemed  to
 apply  to  any  instrument  purporting to commit the guardianship of the
 person and the custody of a child to any person other than an authorized
 agency, nor shall such term or the provisions of this section be  deemed
 to  apply to any instrument transferring the care and custody of a child
 to an authorized agency pursuant to section three hundred  eighty-four-a
 of this [chapter] TITLE.
   (F)(I) Any person or persons having custody of a child for the purpose
 of  adoption through an authorized agency shall be permitted as a matter
 of right, as  an  interested  party,  to  intervene  in  any  proceeding

 A. 7516                             6
 
 commenced  to  set aside a surrender purporting to commit a guardianship
 of the person or custody of a child executed  under  the  provisions  of
 this  section.  Such intervention may be made anonymously or in the true
 name of said person.
   (II)  Any person or persons having custody for more than twelve months
 through an authorized agency for the purpose of  foster  care  shall  be
 permitted  as a matter of right, as an interested party, to intervene in
 any proceeding commenced to set aside a surrender purporting  to  commit
 the guardianship of the person and custody of a child executed under the
 provisions of this section. Such intervention may be made anonymously or
 in  the  true name of said person or persons having custody of the child
 for the purpose of foster care.
   (G) A copy of such surrender shall be given to [such] THE surrendering
 parent upon the execution  thereof.  The  surrender  shall  include  the
 following  statement: "I, (name of surrendering parent), this ___ day of
 __________, _____, have received a copy of this surrender. (Signature of
 surrendering parent)". Such surrendering parent shall so acknowledge the
 delivery and the date of the delivery in writing on the surrender.
   (H) Where the parties have agreed that the surrender shall be  subject
 to  conditions  pursuant to subdivision two of this section, the instru-
 ment shall further state in plain language that:
   (i) the authorized agency shall notify the parent, unless such  notice
 is expressly waived by a statement written by the parent and appended to
 or included in such instrument, the attorney for the child and the court
 that  approved the surrender within twenty days of any substantial fail-
 ure of a material condition of the surrender prior to  the  finalization
 of the adoption of the child; and
   (ii)  except  for good cause shown, the authorized agency shall file a
 petition on notice to the parent unless notice is expressly waived by  a
 statement  written  by  the  parent  and appended to or included in such
 instrument and the child's attorney in accordance with section one thou-
 sand fifty-five-a of the family court act within  thirty  days  of  such
 failure, in order for the court to review such failure and, where neces-
 sary, to hold a hearing; provided, however, that, in the absence of such
 filing,  the  parent and/or attorney for the child may file such a peti-
 tion at any time up to sixty days after notification  of  such  failure.
 Such  petition filed by a parent or attorney for the child must be filed
 prior to the child's adoption; and
   (iii) the parent is obligated to provide the authorized agency with  a
 designated  mailing  address,  as well as any subsequent changes in such
 address, at which the parent may receive notices regarding any  substan-
 tial  failure  of  a  material  condition,  unless  such notification is
 expressly waived by a statement written by the parent and appended to or
 included in such instrument.
   Nothing in this paragraph shall limit the  notice  on  the  instrument
 with  respect  to  a  failure  to  comply with a material condition of a
 surrender subsequent to the finalization of the adoption of the child.
   § 8. Subdivision 4 of section 384  of  the  social  services  law,  as
 amended  by  chapter  185  of  the  laws  of 2006, is amended to read as
 follows:
   4. Upon petition by an authorized agency, a judge of the family court,
 or a surrogate, may approve such  surrender,  on  such  notice  to  such
 persons  as  the  surrogate  or  judge  may  in  his  or  her discretion
 prescribe. If the child is being surrendered  as  a  result  of,  or  in
 connection  with, a proceeding before the family court pursuant to arti-
 cle ten or ten-A of the family court act, the petition shall be filed in

 A. 7516                             7
 
 the family court that exercised jurisdiction over  such  proceeding  and
 shall  be assigned, wherever practicable, to the judge who last presided
 over such proceeding. The petition shall set forth the  names  and  last
 known  addresses  of  all  persons  required  to  be given notice of the
 proceeding, pursuant to section  three  hundred  eighty-four-c  of  this
 title, and there shall be shown by the petition or by affidavit or other
 proof  satisfactory  to  the  court that there are no persons other than
 those set forth in the petition who are entitled to notice  pursuant  to
 such section. AT THE TIME THAT A PARENT APPEARS BEFORE A JUDGE OR SURRO-
 GATE  TO EXECUTE AND ACKNOWLEDGE A SURRENDER OR FOR THE JUDGE TO APPROVE
 A SURRENDER, THE JUDGE OR SURROGATE SHALL  INFORM  SUCH  PARENT  OF  THE
 RIGHT  TO  BE  REPRESENTED BY LEGAL COUNSEL OF THE PARENT'S OWN CHOOSING
 AND OF THE RIGHT TO OBTAIN SUPPORTIVE COUNSELING AND  OF  ANY  RIGHT  TO
 HAVE  COUNSEL  ASSIGNED PURSUANT TO SECTION TWO HUNDRED SIXTY-TWO OF THE
 FAMILY COURT ACT, SECTION FOUR HUNDRED SEVEN OF  THE  SURROGATE'S  COURT
 PROCEDURE  ACT,  OR  SECTION THIRTY-FIVE OF THE JUDICIARY LAW. No person
 who has received such notice and been  afforded  an  opportunity  to  be
 heard  may  challenge  the  validity of a surrender approved pursuant to
 this subdivision in any  other  proceeding.  However,  this  subdivision
 shall not be deemed to require approval of a surrender by a surrogate or
 judge  for such surrender to be valid, PROVIDED, HOWEVER, THAT AN AGREE-
 MENT MADE IN CONJUNCTION WITH  A  SURRENDER  THAT  CONTAINS  CONDITIONS,
 INCLUDING,  BUT  NOT  LIMITED  TO,  IDENTIFYING THE PROSPECTIVE ADOPTIVE
 PARENT OR PARENTS OR PRESCRIBING COMMUNICATION OR CONTACT WITH THE CHILD
 AND THE ADOPTIVE PARENT OR PARENTS AND/OR BETWEEN THE CHILD AND  HIS  OR
 HER  BIOLOGICAL  SIBLINGS  OR  HALF-SIBLINGS FOLLOWING THE SURRENDER AND
 ADOPTION OF THE CHILD SHALL BE ENFORCEABLE IN A COURT OF LAW ONLY IF THE
 REQUIREMENTS OF SUBDIVISIONS TWO AND THREE OF  THIS  SECTION  HAVE  BEEN
 MET.
   §  9. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law.