S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6389
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              April 26, 2021
                                ___________
 
 Introduced  by Sen. BRISPORT -- 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 and the social services  law,
   in  relation to the rights of non-marital parents in adoption, surren-
   der, and termination of parental rights proceedings  in  family  court
   and  surrogate's  court; and to repeal subdivision 12 of section 384-b
   of the social services law relating thereto
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraphs  (d), (e), and (f) of subdivision 1 of section
 111 of the domestic relations law, paragraphs (d) and (e) as  added  and
 paragraph  (f)  as  relettered  by  chapter 575 of the laws of 1980, and
 paragraph (f) as amended by chapter 666 of the laws of 1976, are amended
 to read as follows:
   (d) OF ANY PERSON OR AUTHORIZED AGENCY HAVING LAWFUL CUSTODY OR  GUAR-
 DIANSHIP OF THE ADOPTIVE CHILD;
   (E)  IN THE CASE OF THE ADOPTION OF A CHILD TRANSFERRED TO THE CUSTODY
 AND GUARDIANSHIP OF AN AUTHORIZED AGENCY,  FOSTER  PARENT,  OR  RELATIVE
 PURSUANT  TO  SECTION THREE HUNDRED EIGHTY-FOUR-B OF THE SOCIAL SERVICES
 LAW OR A CHILD TRANSFERRED TO THE CUSTODY AND GUARDIANSHIP OF AN AUTHOR-
 IZED AGENCY PURSUANT TO SECTION  THREE  HUNDRED  EIGHTY-THREE-C  OF  THE
 SOCIAL SERVICES LAW:
   (I)  OF  ANY PERSON ADJUDICATED BY A COURT OF THIS STATE OR A COURT OF
 ANY OTHER STATE OR TERRITORY OF THE UNITED STATES TO BE  THE  FATHER  OF
 THE CHILD PRIOR TO THE FILING OF A PETITION TO TERMINATE PARENTAL RIGHTS
 TO  THE  CHILD  PURSUANT  TO  SECTION THREE HUNDRED EIGHTY-FOUR-B OF THE
 SOCIAL SERVICES LAW, AN APPLICATION TO EXECUTE A JUDICIAL  SURRENDER  OF
 RIGHTS  TO  THE  CHILD  PURSUANT  TO  SUBDIVISION THREE OF SECTION THREE
 HUNDRED EIGHTY-THREE-C OF THE SOCIAL SERVICES LAW, OR AN APPLICATION FOR
 APPROVAL OF AN EXTRA-JUDICIAL SURRENDER PURSUANT TO SUBDIVISION FOUR  OF
 SECTION THREE HUNDRED EIGHTY-THREE-C OF THE SOCIAL SERVICES LAW;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10876-01-1

 S. 6389                             2
 
   (II) OF ANY PERSON WHO FILED A PETITION IN A COURT IN THIS STATE SEEK-
 ING  TO  BE ADJUDICATED THE FATHER OF THE CHILD PRIOR TO THE FILING OF A
 PETITION TO TERMINATE PARENTAL RIGHTS TO THE CHILD PURSUANT  TO  SECTION
 THREE  HUNDRED  EIGHTY-FOUR-B OF THE SOCIAL SERVICES LAW, AN APPLICATION
 TO  EXECUTE  A  JUDICIAL  SURRENDER  OF  RIGHTS TO THE CHILD PURSUANT TO
 SUBDIVISION THREE OF SECTION THREE HUNDRED EIGHTY-THREE-C OF THE  SOCIAL
 SERVICES  LAW,  OR  AN  APPLICATION  FOR  APPROVAL  OF AN EXTRA-JUDICIAL
 SURRENDER PURSUANT TO SUBDIVISION FOUR OF SECTION THREE HUNDRED  EIGHTY-
 THREE-C OF THE SOCIAL SERVICES LAW, PROVIDED THAT THE PARENTAGE PETITION
 HAS  BEEN  RESOLVED  IN THE PETITIONER'S FAVOR OR REMAINS PENDING AT THE
 CONCLUSION OF THE PROCEEDINGS PURSUANT TO SECTION THREE HUNDRED  EIGHTY-
 FOUR-B,  THREE  HUNDRED  EIGHTY-THREE-C, OR THREE HUNDRED EIGHTY-FOUR OF
 THE SOCIAL SERVICES LAW;
   (III) OF ANY PERSON WHO HAS EXECUTED AN  ACKNOWLEDGMENT  OF  PARENTAGE
 PURSUANT  TO  SECTION  ONE  HUNDRED ELEVEN-K OF THE SOCIAL SERVICES LAW,
 SECTION FIVE HUNDRED SIXTEEN-A OF  THE  FAMILY  COURT  ACT,  OR  SECTION
 FORTY-ONE  HUNDRED  THIRTY-FIVE-B  OF THE PUBLIC HEALTH LAW PRIOR TO THE
 FILING OF A PETITION TO TERMINATE PARENTAL RIGHTS TO THE CHILD  PURSUANT
 TO  SECTION  THREE  HUNDRED EIGHTY-FOUR-B OF THE SOCIAL SERVICES LAW, AN
 APPLICATION TO EXECUTE A JUDICIAL  SURRENDER  OF  RIGHTS  TO  THE  CHILD
 PURSUANT TO SUBDIVISION THREE OF SECTION THREE HUNDRED EIGHTY-THREE-C OF
 THE  SOCIAL SERVICES LAW, OR AN APPLICATION FOR APPROVAL OF AN EXTRA-JU-
 DICIAL SURRENDER PURSUANT TO SUBDIVISION FOUR OF SECTION  THREE  HUNDRED
 EIGHTY-THREE-C  OF  THE SOCIAL SERVICES LAW, PROVIDED THAT SUCH ACKNOWL-
 EDGEMENT HAS NOT BEEN VACATED;
   (IV) OF ANY PERSON WHO FILED AN UNREVOKED NOTICE OF  INTENT  TO  CLAIM
 PARENTAGE  OF  THE CHILD PURSUANT TO SECTION THREE HUNDRED SEVENTY-TWO-C
 OF THE SOCIAL SERVICES LAW PRIOR TO THE FILING OF A PETITION  TO  TERMI-
 NATE  PARENTAL  RIGHTS  TO  THE  CHILD PURSUANT TO SECTION THREE HUNDRED
 EIGHTY-FOUR-B OF THE SOCIAL SERVICES LAW, AN APPLICATION  TO  EXECUTE  A
 JUDICIAL  SURRENDER OF RIGHTS TO THE CHILD PURSUANT TO SUBDIVISION THREE
 OF SECTION THREE HUNDRED EIGHTY-THREE-C OF THE SOCIAL SERVICES  LAW,  OR
 AN  APPLICATION  FOR APPROVAL OF AN EXTRA-JUDICIAL SURRENDER PURSUANT TO
 SUBDIVISION FOUR OF SECTION THREE HUNDRED EIGHTY-THREE-C OF  THE  SOCIAL
 SERVICES LAW;
   (F) IN ANY OTHER ADOPTION PROCEEDING:
   (I)  Of  the  father, whether adult or infant, of a child born out-of-
 wedlock and placed with the adoptive parents more than six months  after
 birth,  but  only  if  such father shall have maintained substantial and
 continuous or repeated contact with the child as manifested by:    [(i)]
 (A)  the payment by the father toward the support of the child of a fair
 and reasonable sum, according to the father's means, and  either  [(ii)]
 (B) the father's visiting the child at least monthly when physically and
 financially  able to do so and not prevented from doing so by the person
 or authorized agency having lawful custody of the child, or [(iii)]  (C)
 the  father's regular communication with the child or with the person or
 agency having the care or custody of  the  child,  when  physically  and
 financially  unable to visit the child or prevented from doing so by the
 person or authorized agency having lawful  custody  of  the  child.  The
 subjective  intent of the father, whether expressed or otherwise, unsup-
 ported by evidence of acts specified in this paragraph manifesting  such
 intent,  shall  not  preclude  a determination that the father failed to
 maintain substantial and continuous or repeated contact with the  child.
 In making such a determination, the court shall not require a showing of
 diligent  efforts  by  any  person  or agency to encourage the father to
 perform the acts specified in this paragraph. A father, whether adult or

 S. 6389                             3
 
 infant, of a child born out-of-wedlock, who openly lived with the  child
 for  a  period  of  six  months  within  the one year period immediately
 preceding the placement of the child for adoption and  who  during  such
 period  openly  held himself out to be the father of such child shall be
 deemed to have maintained substantial and continuous  contact  with  the
 child for the purpose of this subdivision[.];
   [(e)]  (II)  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,  but  only if: [(i)] (A) such father openly lived
 with the child or the child's mother for  a  continuous  period  of  six
 months  immediately  preceding  the placement of the child for adoption;
 and [(ii)] (B) such father openly held himself out to be the  father  of
 such  child  during such period; and [(iii)] (C) 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.
   [(f) Of any person or authorized agency having lawful custody  of  the
 adoptive child.]
   §  2. Subdivision 1 of section 111-a of the domestic relations law, as
 amended by chapter 371 of the laws  of  2013,  is  amended  to  read  as
 follows:
   1.  Notwithstanding  any  inconsistent provisions of this or any other
 law, and in addition to the notice requirements of any law pertaining to
 persons other than those specified in subdivision two of  this  section,
 notice  as  provided  herein  shall be given to the persons specified in
 subdivision two of this section of  any  adoption  proceeding  initiated
 pursuant  to  this  article  or  of any proceeding initiated pursuant to
 section one hundred fifteen-b of this article relating to the revocation
 of an adoption consent, when such proceeding involves a child born  out-
 of-wedlock  provided, however, that such notice shall not be required to
 be given [to any person who previously has  been  given  notice  of  any
 proceeding involving the child, pursuant to section three hundred eight-
 y-four-c of the social services law, and provided further that notice in
 an  adoption  proceeding, pursuant to this section shall not be required
 to be given]: (A) IN THE CASE OF THE ADOPTION OF A CHILD TRANSFERRED  TO
 THE  CUSTODY AND GUARDIANSHIP OF AN AUTHORIZED AGENCY, FOSTER PARENT, OR
 RELATIVE PURSUANT TO SECTION THREE HUNDRED EIGHTY-FOUR-B OF  THE  SOCIAL
 SERVICES  LAW  OR A CHILD TRANSFERRED TO THE CUSTODY AND GUARDIANSHIP OF
 AN AUTHORIZED AGENCY PURSUANT TO SECTION THREE HUNDRED EIGHTY-THREE-C OF
 THE SOCIAL SERVICES LAW;  OR  (B)  to  any  person  who  has  previously
 received  notice  of  any  proceeding  pursuant  to  section one hundred
 fifteen-b of this article. In addition to such other requirements as may
 be applicable to the petition in any proceeding in which notice must  be
 given  pursuant  to this section, the petition shall set forth the names
 and last known addresses of all persons required to be given  notice  of
 the  proceeding,  pursuant  to this section, 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. For the purpose of determining persons entitled
 to notice of adoption proceedings initiated pursuant  to  this  article,
 persons  specified  in subdivision two of this section shall not include
 any person who has been convicted of one or more of the following sexual
 offenses in this state or convicted of one or more offenses  in  another
 jurisdiction  which, if committed in this state, would constitute one or
 more of the following offenses, when the child who is the subject of the
 proceeding was conceived as a  result:  (A)  rape  in  first  or  second

 S. 6389                             4
 
 degree;  (B)  course  of  sexual  conduct  against  a child in the first
 degree; (C) predatory sexual assault; or (D)  predatory  sexual  assault
 against a child.
   §  3.  Paragraph  (b)  of subdivision 3 of section 383-c of the social
 services law, as amended by section 42 of part A of  chapter  3  of  the
 laws of 2005, is amended to read as follows:
   (b)  Before  a  judge  or surrogate approves a judicial surrender, the
 judge or surrogate [shall]  MAY  order  that  notice  of  the  surrender
 proceeding be given to [persons identified in subdivision two of section
 three  hundred  eighty-four-c of this title and to] such [other] persons
 as the judge or surrogate may, in his or her discretion,  prescribe.  At
 the  time  that  a parent appears before a judge or surrogate to execute
 and acknowledge 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. The
 judge or surrogate also shall inform the parent of the  consequences  of
 such  surrender,  including  informing  such  parent  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, 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 any time after the child reaches the  age
 of  eighteen  years,  but only if both the parent and the adult child so
 choose. The court shall  determine  whether  the  terms  and  conditions
 agreed to by the parties pursuant to subdivision two of this section are
 in  the child's best interests before approving the surrender. The judge
 or surrogate shall inform the parent that where a  surrender  containing
 conditions  has  been  executed,  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  substantial  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. The judge  or
 surrogate  also  shall inform the parent that the surrender shall become
 final and irrevocable immediately upon its execution and acknowledgment.
 The judge or surrogate shall give the parent a copy  of  such  surrender
 upon the execution thereof.
   §  4.  Paragraph  (d)  of subdivision 4 of section 383-c of the social
 services law, as amended by chapter 394 of the laws of 1993, is  amended
 to read as follows:
   (d)  Before a judge or surrogate approves an extra-judicial surrender,
 the judge or surrogate shall order notice to be given to the person  who
 executed  the  surrender[,  to  persons identified in subdivision two of
 section three hundred eighty-four-c of this title]  and  to  such  other
 persons  as  the  judge  or  surrogate  may,  in  his or her discretion,
 prescribe. [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,  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 peti-
 tion who are entitled to notice pursuant to such section.] No person who
 has received such notice and been afforded an opportunity  to  be  heard

 S. 6389                             5
 
 may  challenge  the  validity  of  a surrender approved pursuant to this
 subdivision in any other proceeding. Nothing in this  section  shall  be
 deemed  to  dispense  with the consent to adopt if otherwise required of
 any person who has not executed the surrender.
   §  5.  Paragraph  (h)  of subdivision 5 of section 383-c of the social
 services law, as added by section 45 of part A of chapter 3 of the  laws
 of 2005 and as relettered by chapter 435 of the laws of 2008, is amended
 to read as follows:
   (h) Upon execution of a surrender instrument, the parent executing the
 surrender  shall  provide  information to the extent known regarding the
 other parent, any person  to  whom  the  surrendering  parent  had  been
 married  at  the  time  of  the conception or birth of the child and any
 other person who would be entitled to [notice of a proceeding to  termi-
 nate  parental rights pursuant to section three hundred eighty-four-c of
 this title] CONSENT TO THE ADOPTION OF THE CHILD PURSUANT TO SUBDIVISION
 ONE OF SECTION ONE HUNDRED ELEVEN OF THE DOMESTIC RELATIONS LAW.    Such
 information  shall  include,  but  not  be  limited to, such parent's or
 person's name, last-known address, social  security  number,  employer's
 address  and any other identifying information. Any information provided
 pursuant to this paragraph shall be recorded in the uniform case  record
 maintained  pursuant  to  section  four  hundred nine-f of this article;
 provided, however, that the failure to provide  such  information  shall
 not invalidate the surrender.
   § 6. Subdivision 8 of section 384 of the social services law, as added
 by  section 51 of part A of chapter 3 of the laws of 2005, is amended to
 read as follows:
   8. Upon execution of a surrender instrument, the parent executing  the
 surrender  shall  provide  information to the extent known regarding the
 other parent, any person  to  whom  the  surrendering  parent  had  been
 married  at  the  time  of  the conception or birth of the child and any
 other person [who would be entitled to notice of a proceeding to  termi-
 nate  parental  rights pursuant to] LISTED IN SUBDIVISION TWO OF section
 three hundred  eighty-four-c  of  this  title.  Such  information  shall
 include,  but  not  be limited to, such parent's or person's name, last-
 known address, social security number, employer's address and any  other
 identifying  information.  Any  information  provided  pursuant  to this
 subdivision shall be recorded in  the  uniform  case  record  maintained
 pursuant  to  section  four  hundred  nine-f  of this article; provided,
 however, that the failure to provide such information shall not  invali-
 date the surrender.
   §  7.  Subdivision 1-b of section 384-a of the social services law, as
 added by section 53 of part A of chapter 3  of  the  laws  of  2005,  is
 amended to read as follows:
   1-b.  Upon  accepting the transfer of care and custody of a child from
 the parent, guardian or other person to whom care of the child has  been
 entrusted,  a local social services official shall obtain information to
 the extent known from such person regarding the other parent, any person
 to whom the parent transferring care and custody had been married at the
 time of the conception or birth of the child, ANY PERSON  WHO  WOULD  BE
 ENTITLED TO CONSENT TO THE ADOPTION OF THE CHILD PURSUANT TO SUBDIVISION
 ONE OF SECTION ONE HUNDRED ELEVEN OF THE DOMESTIC RELATIONS LAW, and any
 other  person [who would be entitled to notice of a proceeding to termi-
 nate parental rights pursuant to] LISTED IN SUBDIVISION TWO  OF  section
 three  hundred  eighty-four-c  of  this  title.  Such  information shall
 include, but not be limited to, such parent's or  person's  name,  last-
 known  address, social security number, employer's address and any other

 S. 6389                             6
 
 identifying information.  Any  information  provided  pursuant  to  this
 subdivision  shall  be  recorded  in  the uniform case record maintained
 pursuant to section four  hundred  nine-f  of  this  article;  provided,
 however,  that the failure to provide such information shall not invali-
 date the transfer of care and custody.
   § 8. Paragraph (e) of subdivision 3 of section  384-b  of  the  social
 services  law,  as  amended  by section 55 of part A of chapter 3 of the
 laws of 2005, is amended to read as follows:
   (e) A proceeding under this section is originated  by  a  petition  on
 notice  served  upon the child's parent or parents, the attorney for the
 child's parent or parents and upon such other persons as the  court  may
 in  its  discretion  prescribe. Such notice shall inform the parents and
 such other persons that the proceeding may result in  an  order  freeing
 the  child  for adoption without the consent of or notice to the parents
 or such other persons. Such notice also shall  inform  the  parents  and
 such  other persons of their right to the assistance of counsel, includ-
 ing any right they may have to have counsel assigned by the court in any
 case where they are financially unable to obtain counsel. [The  petition
 shall  set  forth  the  names  and  last  known addresses of all persons
 required to be given notice of the proceeding, pursuant to this  section
 and  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 the provisions  of  this
 section  or  of section three hundred eighty-four-c of this title.] When
 the proceeding is initiated in family court service of the petition  and
 other process shall be made in accordance with the provisions of section
 six  hundred  seventeen of the family court act, and when the proceeding
 is initiated in surrogate's court, service shall be made  in  accordance
 with  the  provisions  of section three hundred seven of the surrogate's
 court procedure act. When the proceeding is initiated on the grounds  of
 abandonment  of  a  child  less  than one year of age at the time of the
 transfer of the care and  custody  of  such  child  to  a  local  social
 services  official,  the  court shall take judicial notice of efforts to
 locate the child's parents or other known  relatives  or  other  persons
 legally  responsible  pursuant  to  paragraph (ii) of subdivision (b) of
 section one thousand fifty-five of the family court act.
   § 9. Subdivision 12 of section 384-b of the  social  services  law  is
 REPEALED.
   §  10.  Subdivision  1 of section 384-c of the social services law, as
 amended by chapter 371 of the laws  of  2013,  is  amended  to  read  as
 follows:
   1.  Notwithstanding  any  inconsistent  provision of this or any other
 law, and in addition to the notice requirements of any law pertaining to
 persons other than those specified in subdivision two of  this  section,
 notice  as  provided  herein  shall be given to the persons specified in
 subdivision two of this section of any proceeding initiated pursuant  to
 sections  three hundred fifty-eight-a[,] AND three hundred eighty-four[,
 and three hundred eighty-four-b] of this [chapter]  TITLE,  involving  a
 child  born out-of-wedlock. Persons specified in subdivision two of this
 section shall not include any person who has been convicted  of  one  or
 more  of the following sexual offenses in this state or convicted of one
 or more offenses in another jurisdiction which,  if  committed  in  this
 state,  would constitute one or more of the following offenses, when the
 child who is the subject of the proceeding was conceived  as  a  result:
 [(A)]  (A)  rape  in  first or second degree; [(B)] (B) course of sexual

 S. 6389                             7
 
 conduct against a child in the first degree; [(C)] (C) predatory  sexual
 assault; or [(D)] (D) predatory sexual assault against a child.
   §  11.  Subdivision  3 of section 384-c of the social services law, as
 amended by chapter 575 of the laws  of  1980,  is  amended  to  read  as
 follows:
   3.  The provisions of this section shall not apply to persons entitled
 to notice pursuant  to  section  one  hundred  eleven  of  the  domestic
 relations law. The sole purpose of notice under this section shall be to
 enable  the person served pursuant to subdivision two OF THIS SECTION to
 present evidence to the court relevant to  the  best  interests  of  the
 child. [In any proceeding brought upon the ground specified in paragraph
 (d) of subdivision four of section three hundred eighty-four-b, a person
 served  pursuant to this section may appear and present evidence only in
 the dispositional hearing.]
   § 12. Subdivision 7 of section 384-c of the social  services  law,  as
 added by chapter 665 of the laws of 1976, is amended to read as follows:
   7.  No  order of the court in any proceeding pursuant to section three
 hundred fifty-eight-a[,] OR three hundred eighty-four [or three  hundred
 eighty-four-b]  of  this [chapter] TITLE or in any subsequent proceeding
 involving  the  child's  custody,  guardianship  or  adoption  shall  be
 vacated, annulled or reversed upon the application of any person who was
 properly  served  with notice in accordance with this section but failed
 to appear, or who waived notice pursuant to  subdivision  five  OF  THIS
 SECTION.    Nor shall any order of the court in any proceeding involving
 the child's custody, guardianship or adoption be  vacated,  annulled  or
 reversed upon the application of any person who was properly served with
 notice  in  accordance  with  this section in any previous proceeding in
 which the court determined  that  the  transfer  or  commitment  of  the
 child's care, custody or guardianship to an authorized agency was in the
 child's best interests.
   § 13. This act shall take effect immediately.