(a) any person adjudicated by a court in this state to be the father
of the child;
(b) any person adjudicated by a court of another state or territory of
the United States to be the father of the child, when a certified copy
of the court order has been filed with the putative father registry,
pursuant to section three hundred seventy-two-c of the social services
law;
(c) any person who has timely filed an unrevoked notice of intent to
claim paternity of the child, pursuant to section three hundred
seventy-two-c of the social services law;
(d) any person who is recorded on the child's birth certificate as the
child's father;
(e) any person who is openly living with the child and the child's
mother at the time the proceeding is initiated and who is holding
himself out to be the child's father;
(f) any person who has been identified as the child's father by the
mother in written, sworn statement;
(g) any person who was married to the child's mother within six months
subsequent to the birth of the child and prior to the execution of a
surrender instrument or the initiation of a proceeding pursuant to
section three hundred eighty-four-b of the social services law; and
(h) any person who has filed with the putative father registry an
instrument acknowledging paternity of the child, pursuant to section
4-1.2 of the estates, powers and trusts law.
3. The provisions of this section shall not apply to persons entitled
to notice pursuant to section one hundred eleven.
The sole purpose of notice under this section shall be to enable the
person served pursuant to subdivision two to present evidence to the
court relevant to the best interests of the child.
4. Notice under this section shall be given at least twenty days prior
to the proceeding by delivery of a copy of the petition and notice to
the person. Upon a showing to the court, by affidavit or otherwise, on
or before the date of the proceeding or within such further time as the
court may allow, that personal service cannot be effected at the
person's last known address with reasonable effort, notice may be given,
without prior court order therefor, at least twenty days prior to the
proceeding by registered or certified mail directed to the person's last
known address or, where the person has filed a notice of intent to claim
paternity pursuant to section three hundred seventy-two-c of the social
services law, to the address last entered therein. Notice by publication
shall not be required to be given to a person entitled to notice
pursuant to the provisions of this section.
5. A person may waive his right to notice under this section by
written instrument subscribed by him and acknowledged or proved in the
manner required for the execution of a surrender instrument pursuant to
section three hundred eighty-four of the social services law.
6. The notice given to persons pursuant to this section shall inform
them of the time, date, place and purpose of the proceeding and shall
also apprise such persons that their failure to appear shall constitute
a denial of their interest in the child which denial may result, without
further notice, in the adoption or other disposition of the custody of
the child.
7. No order of adoption and no order of the court pursuant to section
one hundred fifteen-b 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. Nor shall any order of 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 pursuant to section one hundred fifteen-b in which
the court determined that the best interests of the child would be
served by adoption of the child by the adoptive parents.
Structure New York Laws
110 - Who May Adopt; Effect of Article.
111-A - Notice in Certain Proceedings to Fathers of Children Born Out-of-Wedlock.
111-B - Determination of Issue of Paternity by Surrogate; Limitations.
111-C - Adoption Order From Foreign Country or Foreign Jurisdiction.
111-D - Consideration of Blindness During Adoption Proceedings.