S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7433
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 7, 2021
                                ___________
 
 Introduced by M. of A. HEVESI -- read once and referred to the Committee
   on Judiciary
 
 AN  ACT to amend the domestic relations law and the social services law,
   in relation to certain time  periods  and  prospective  applicants  in
   adoption  proceedings;  and  to repeal subdivision 3 of section 373 of
   the social services law relating to adoption proceedings and an  indi-
   vidual's religious faith
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The opening paragraph and the  seventh  undesignated  para-
 graph  of  section  110 of the domestic relations law, the opening para-
 graph as amended by chapter 509 of the laws  of  2010  and  the  seventh
 undesignated  paragraph as added by chapter 522 of the laws of 1999, are
 amended to read as follows:
   An adult unmarried person, an adult married couple  together,  or  any
 two unmarried adult intimate partners together may adopt another person.
 An adult married person who is living separate and apart from his or her
 spouse  pursuant  to a decree or judgment of separation or pursuant to a
 written agreement of separation subscribed by the  parties  thereto  and
 acknowledged  or  proved  in  the  form required to entitle a deed to be
 recorded or an adult married person who has  been  living  separate  and
 apart  from his or her spouse for at least three years prior to commenc-
 ing an adoption proceeding may adopt another person; provided,  however,
 that  the  person so adopted shall not be deemed the child or step-child
 of the non-adopting spouse for the purposes of  inheritance  or  support
 rights  or  obligations  or  for  any  other purposes. An adult or minor
 married couple together may adopt a child of either of them born  in  or
 out  of  wedlock  and an adult or minor spouse may adopt such a child of
 the other spouse.  No  person  shall  hereafter  be  adopted  except  in
 pursuance of this article[, and in conformity with section three hundred
 seventy-three of the social services law].
   It  shall  be  unlawful  to  preclude a prospective adoptive parent or
 parents [solely] on the basis  OF  AGE,  RACE,  CREED,  COLOR,  NATIONAL
 ORIGIN,  SEXUAL  ORIENTATION,  GENDER  IDENTITY  OR EXPRESSION, MILITARY
              

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02640-01-1

 A. 7433                             2
 
 STATUS, SEX, DISABILITY, PREDISPOSING GENETIC CHARACTERISTICS,  FAMILIAL
 STATUS,  MARITAL STATUS, OR DOMESTIC VIOLENCE VICTIM STATUS, OR that the
 adoptor or adopters has had, or has cancer, or any other disease.  Noth-
 ing  herein shall prevent the rejection of a prospective applicant based
 upon his or her poor health or limited life expectancy.
   § 2. Subdivisions 3 and 4 and paragraph (a) and the opening  paragraph
 of  paragraph  (b)  of  subdivision  6  of section 115-b of the domestic
 relations law, subdivision 3 and the opening paragraph of paragraph  (b)
 of subdivision 6 as amended and subdivision 4 as added by chapter 817 of
 the  laws  of 1986, paragraph (c) of subdivision 4 as amended by chapter
 680 of the laws of 2007, paragraph (d) of subdivision 4 as relettered by
 chapter 371 of the laws of 1994, and paragraph (a) of subdivision  6  as
 amended  by  chapter  557  of  the  laws of 1988, are amended to read as
 follows:
   3. Extrajudicial consents. (a) Whenever a consent is not  executed  or
 acknowledged  before a judge or surrogate pursuant to subdivision two of
 this section such consent shall become irrevocable [forty-five] TEN days
 after the execution of the consent unless written notice  of  revocation
 thereof  is received by the court in which the adoption proceeding is to
 be commenced within said [forty-five] TEN days.
   (b) Notwithstanding that such written notice is received  within  said
 [forty-five]  TEN  days,  the notice of revocation shall be given effect
 only if the adoptive parents fail to oppose such revocation, as provided
 in subdivision six of this section, or, if they oppose  such  revocation
 and  the court as provided in subdivision six of this section has deter-
 mined that the best interests of the child  will  be  served  by  giving
 force and effect to such revocation.
   4.  (a)  In  any  case where a consent is not executed or acknowledged
 before a judge or surrogate pursuant to subdivision two of this section,
 the consent shall state, in conspicuous print of at least eighteen point
 type:
   (i) the name and address of the court in which the adoption proceeding
 has been or is to be commenced; and
   (ii) that the consent may be revoked within [forty-five] TEN  days  of
 the execution of the document and where the consent is not revoked with-
 in  said  [forty-five]  TEN  days no proceeding may be maintained by the
 parent for the return of the custody of the child; and
   (iii) that such revocation must be in  writing  and  received  by  the
 court  where  the  adoption proceeding is to be commenced within [forty-
 five] TEN days of the execution of said consent; and
   (iv) that, if the adoptive  parents  contest  the  revocation,  timely
 notice  of  the  revocation will not necessarily result in the return of
 the child to the parent's custody, and that the rights of the parent  to
 custody  of  the  child  shall  not be superior to those of the adoptive
 parents but that a hearing will be required before a judge  pursuant  to
 the  provisions  of this section to determine: (1) whether the notice of
 revocation was timely and properly given; and if necessary, (2)  whether
 the best interests of the child will be served by: (A) returning custody
 of the child to the parent; or (B) by continuing the adoption proceeding
 commenced  by  the  adoptive  parents;  or (C) by disposition other than
 adoption by the adoptive parents; or (D) by placement of the child  with
 an  authorized  agency, and if any such determination is made, the court
 shall make such disposition of the custody of the  child  as  will  best
 serve the interests of the child; and
   (v)  that  the  parent  has  the  right to legal representation of the
 parent's own choosing; the right to obtain supportive counseling and may

 A. 7433                             3
 
 have the right to have the court appoint an attorney 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.
   (b)  Such  consent  shall  be executed or acknowledged before a notary
 public or other officer authorized to take proof of deeds.
   (c) A copy of such consent shall be given  to  such  parent  upon  the
 execution  thereof.  The  consent shall include the following statement:
 "I, (name of consenting parent), this ____  day  of  __________,  _____,
 have received a copy of this consent. (Signature of consenting parent)".
 Such consenting parent shall so acknowledge the delivery and the date of
 the delivery in writing on the consent.
   (d)  The  adoptive  parent  may  commence the adoption proceeding in a
 court of competent jurisdiction  other  than  the  court  named  in  the
 consent  provided  that such commencement is initiated more than [forty-
 five] TEN days after the consent is executed.  Such  commencement  shall
 not revive, extend or toll the period for revocation of a consent pursu-
 ant to this section.
   (a) A parent may revoke his consent to adoption only by giving notice,
 in  writing,  of  such  revocation,  no later than [forty-five] TEN days
 after the execution of the consent, or twenty days after the receipt  of
 a  notice  of denial, withdrawal or removal pursuant to paragraph (a) of
 subdivision four of section seventeen hundred twenty-five of the  surro-
 gate's  court  procedure  act, whichever is later, to the court in which
 the adoption proceeding has been or is  to  be  commenced.  Such  notice
 shall  set forth the name and address of the court in which the adoption
 proceeding is to be commenced, the address of the  parent  and  may,  in
 addition, set forth the name and address of the attorney for the parent.
   If,  within [forty-five] TEN days of the execution of the consent, the
 court has received such notice of revocation, the court  shall  promptly
 notify  the  adoptive  parents and their attorney, by certified mail, of
 the receipt by the court of such notice of revocation.
   § 3. Subdivision 3 of section  373  of  the  social  services  law  is
 REPEALED  and  subdivisions 4, 5, 6 and 7 are renumbered subdivisions 3,
 4, 5 and 6.
   § 4. Subdivision 6 of section 374  of  the  social  services  law,  as
 amended  by  chapter  305  of  the  laws  of 2008, is amended to read as
 follows:
   6. An authorized agency, as defined  in  paragraphs  (a)  and  (c)  of
 subdivision  ten of section three hundred seventy-one of this title, may
 charge or accept a fee or other compensation to  or  from  a  person  or
 persons  with  whom  it  has  placed out a child, for the reasonable and
 necessary expenses of such placement; and no agency, association, corpo-
 ration, institution, society or organization, except such an  authorized
 agency,  and  no  person  may  or  shall  request, accept or receive any
 compensation or thing of value, directly or  indirectly,  in  connection
 with  the  placing  out  or adoption of a child or for assisting a birth
 parent, relative or guardian of a child in arranging for  the  placement
 of the child for the purpose of adoption; and no person may or shall pay
 or give to any person or to any agency, association, corporation, insti-
 tution,  society  or organization, except such an authorized agency, any
 compensation or thing of value in connection with  the  placing  out  or
 adoption of a child or for assisting a birth parent, relative or guardi-
 an  of  a  child  in  arranging  for  the placement of the child for the
 purpose of adoption. The prohibition set forth in this  section  applies
 to  any  adoptive  placement activity involving a child born in New York

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 state or brought into this state or involving a New York resident  seek-
 ing to bring a child into New York state for the purpose of adoption.
   This  subdivision  shall  not  be  construed to prevent the payment of
 salaries or other compensation by an authorized agency to  the  officers
 or  employees  thereof; nor shall it be construed to prevent the payment
 by a person with whom a child has been  placed  out  of  reasonable  and
 actual  medical  fees  or  hospital  charges  for  services  rendered in
 connection with the birth of such child or of other  necessary  expenses
 incurred  by  the  birth mother in connection with or as a result of her
 pregnancy or the birth of the child, or of reasonable and  actual  nurs-
 ing,  medical  or  hospital  fees  for  the  care of such child, if such
 payment is made to  the  physician,  nurse  or  hospital  who  or  which
 rendered the services or to the birth mother of the child, or to prevent
 the  receipt of such payment by such physician, nurse, hospital or birth
 mother. This subdivision shall not be construed to prevent  the  payment
 by  an  adoptive  parent,  as defined in section one hundred nine of the
 domestic relations law, of the  birth  mother's  reasonable  and  actual
 expenses  for  housing,  maternity  clothing, clothing for the child and
 transportation for a reasonable period not to exceed [sixty] ONE HUNDRED
 EIGHTY days prior to the birth and the later of thirty  days  after  the
 birth  or thirty days after the parental consent to the adoption, unless
 a court determines, in writing,  that  exceptional  circumstances  exist
 which require the payment of the birth mother's expenses beyond the time
 periods  stated  in  this  sentence;  PROVIDED,  HOWEVER,  THAT ANY SUCH
 PAYMENTS MADE TO THE BIRTH MOTHER SHALL NOT EXCEED TEN THOUSAND DOLLARS.
 This subdivision shall not be construed to prevent  the  payment  by  an
 adoptive  parent, as defined in section one hundred nine of the domestic
 relations law, of reasonable and actual legal fees charged for consulta-
 tion and legal advice, preparation  of  papers  and  representation  and
 other  legal services rendered in connection with an adoption proceeding
 or of necessary disbursements incurred for or in an adoption proceeding.
 No attorney or law firm shall serve as the attorney for, or provide  any
 legal services to both the birth parent and adoptive parent in regard to
 the placing out of a child for adoption or in an adoption proceeding. No
 attorney  or  law  firm  shall serve as the attorney for, or provide any
 legal services to, both an authorized agency and adoptive parent or both
 an authorized agency  and  birth  parent  where  the  authorized  agency
 provides  adoption  services  to  such  birth parent or adoptive parent,
 where the authorized agency provides foster care for the child, or where
 the authorized agency is directly or indirectly involved in the  placing
 out of such child for adoption.
   §  5.  Paragraphs  (e), (f) and (g) of subdivision 4 of section 382 of
 the social services law, paragraphs (e) and (f) as  amended  by  chapter
 945  of  the laws of 1971 and paragraph (g) as amended by chapter 555 of
 the laws of 1978, are amended to read as follows:
   (e)  [will comply with section three hundred seventy-three;
   (f)] will supervise the care and training of such child and  cause  it
 to  be visited at least annually by a responsible agent of the licensee;
 and
   [(g)] (F) will make to the department such reports as it from time  to
 time may require.
   §  6.  This  act shall take effect on the thirtieth day after it shall
 have become a law.