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This entry was published on 2014-09-22
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Persons to be served 1
Surrogate's Court Procedure Act (SCP) CHAPTER 59-A, ARTICLE 17
§ 1705. Persons to be served

1. Upon presentation of the petition process shall issue:

(a) To the parent or parents, and if the infant is married, to the
spouse, if such persons are within the state and their residences
therein are known, or if there be none, to the grandparents who are
within the county.

(b) To the person having the care and custody of the infant or with
whom he resides.

(c) If the application is made in behalf of an infant over the age of
14 years by any person, to the infant.

2. No process shall be necessary to a parent who has abandoned the
infant or is deprived of civil rights or divorced from the parent having
legal custody of the infant or an incompetent or who is otherwise
judicially deprived of the custody of the infant or in case the infant
is married to a spouse who has abandoned the infant or is deprived of
civil rights or divorced or an incompetent.

3. The court shall ascertain so far as practicable what relatives of
the infant are domiciled in its county or elsewhere and with whom the
infant resides and it may issue process to any relative or class of
relatives to show cause why the appointment should not be made.