S T A T E O F N E W Y O R K
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2425--A
Cal. No. 312
2025-2026 Regular Sessions
I N A S S E M B L Y
January 16, 2025
___________
Introduced by M. of A. PAULIN -- read once and referred to the Committee
on Social Services -- recommitted to the Committee on Social Services
in accordance with Assembly Rule 3, sec. 2 -- advanced to a third
reading, passed by Assembly and delivered to the Senate, recalled from
the Senate, vote reconsidered, bill amended, ordered reprinted,
retaining its place on the order of third reading
AN ACT to amend the social services law, in relation to payments of
certain expenses by adoptive parents
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. 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. (A) 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04953-02-6
A. 2425--A 2
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.
(B) 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]
SUCH BIRTH MOTHER'S pregnancy or the birth of the child, or of reason-
able and actual nursing, 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, hospi-
tal 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] FORTY-
FIVE days after the birth or [thirty] FORTY-FIVE 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. 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 consultation and
legal advice, preparation of papers and representation and other legal
services rendered in connection with an adoption proceeding or of neces-
sary disbursements incurred for or in an adoption proceeding. No attor-
ney 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.
§ 2. This act shall take effect on the thirtieth day after it shall
have become a law. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made and completed
on or before such effective date.