New York Laws
Title 2 - Adoption From an Authorized Agency
112 - General Provisions Relating to Adoption From Authorized Agencies.

§ 112. General provisions relating to adoption from authorized
agencies. In an adoption from an authorized agency the following
requirements shall be observed:

1. The adoptive parents or parent and the adoptive child must appear
for examination before a judge or surrogate of the county specified in
section one hundred thirteen of this title. The judge or surrogate,
however, may in his discretion dispense with the personal appearance of
the adoptive child or of an adoptive parent who is on active duty in the
armed forces of the United States.

2. The adoptive parents or parent and the adoptive child if over
eighteen years of age must present to such judge or surrogate (a) a
petition stating the names and place of residence of the petitioners;
whether they are of full age; whether they are married or unmarried and,
if married, whether they are living together as husband and wife; the
first name, date and place of birth of the adoptive child as nearly as
the same can be ascertained; a statement on information and belief that
there will be annexed to the petition a schedule verified by a duly
constituted official of the authorized agency as required by this
section; the religious faith of the petitioners; the religious faith of
the adoptive child and his or her parents as nearly as the same can be
ascertained; the manner in which the adoptive parents obtained the
adoptive child; whether the child was placed or brought into the state
of New York from out of state for the purpose of adoption, whether the
placement was subject to the provisions of section three hundred
seventy-four-a of the social services law and if the placement was
subject to the provisions of such section, whether the provisions of
such section were complied with; the period of time during which the
adoptive child has resided with the adoptive parents; the occupation and
approximate income of the petitioners, including support and
maintenance, if any, to be received on behalf of the adoptive child from
a commissioner of social services, pursuant to the social services law,
and the new name, if any, by which the adoptive child is to be known;
whether the adoptive parent or parents has or have knowledge that an
adoptive parent is the subject of an indicated report, as such terms are
defined in section four hundred twelve of the social services law, filed
with the statewide central register of child abuse and maltreatment
pursuant to title six of article six of the social services law, or has
been the subject of or the respondent in a child protective proceeding
commenced under article ten of the family court act, which proceeding
resulted in an order finding that the child is an abused or neglected
child; that no previous application has been made to any court or judge
for the relief sought or if so made, the disposition of it and a
statement as to whether the adoptive child had been previously adopted,
all of which statements shall be taken prima facie as true; (b) an
agreement on the part of the adoptive parents or parent to adopt and
treat the adoptive child as their or his or her own lawful child; (c)
the consents required by section one hundred eleven of this article.

2-a. In the petition provided for in subdivision two of this section,
the adoptive parents or parent and the adoptive child if over eighteen
years of age shall present to the judge or surrogate as nearly as can be
ascertained the heritage of the parents, which shall include
nationality, ethnic background and race; education, which shall be the
number of years of school completed by the parents at the time of the
birth of the adoptive child; general physical appearance of the parents
at the time of the birth of the adoptive child, which shall include
height, weight, color of hair, eyes, skin; occupation of the parents at
the time of the birth of the adoptive child; health and medical history
of the parents at the time of the birth of the adoptive child, including

all available information setting forth conditions or diseases believed
to be hereditary, any drugs or medication taken during the pregnancy by
the child's mother; and any other information which may be a factor
influencing the child's present or future health, talents, hobbies and
special interests of parents. The petition shall also include the names
and current addresses of the biological parents, if known.

3. The authorized agency must present to such judge or surrogate a
schedule to be annexed to the petition which shall be verified by a duly
constituted official of the authorized agency having custody of the
adoptive child or actually placing the child for adoption and shall
contain (1) the full name of the child, (2) the manner in which the
authorized agency obtained custody of the adoptive child, (3) the facts,
if any, which render unnecessary the consent of either or both of the
parents of the adoptive child, (4) a statement whether either parent had
ever requested the agency to return the child to the parent, within
thirty days of the execution and delivery of an instrument of surrender
to an authorized agency and, if so, all facts relating thereto. If a
request for return of the child to a parent be made after the
presentation to the court of the petition and schedule, the authorized
agency shall promptly report to the court in writing the facts relating
thereto and (5) all available information comprising the child's medical
history. If the child was placed into the state of New York for the
purpose of adoption and such placement was subject to the provisions of
section three hundred seventy-four-a of the social services law, the
authorized agency shall attach to the petition a copy of the document,
signed by New York's administrator of the interstate compact for the
placement of children or his designee, which informs the agency or
person who placed the child into the state that such placement complied
with the provisions of the compact.

4. None of the papers in the proceeding shall state the surname of the
child in the title and no petition, agreement, consent, affidavit, nor
any other document which is required to be signed by the adoptive
parents shall contain the surname of the adoptive child.

5. The petition must be verified, the agreement and consents executed
and acknowledged and the proof given by the respective persons before
such judge or surrogate; but where the verification, agreement or
necessary consent is duly acknowledged or proved and certified in form
sufficient to entitle a conveyance to be recorded in this state, (except
that when executed and acknowledged within the state of New York, no
certificate of the county clerk shall be required), such judge or
surrogate may grant the order of adoption without the personal
appearance of such persons or parties or any of them for good cause
shown, which reason shall be recited in the order of adoption.

6. Where the adoptive child is less than eighteen years of age, no
order of adoption shall be made until such child has resided with the
adoptive parents for at least three months unless the judge or surrogate
in his discretion shall dispense with such period of residence and shall
recite in the order the reason for such action. When the adoptive
parents are the foster parents in whose home the adoptive child has been
placed out or boarded out for a period in excess of three months, such
period shall be deemed to constitute the required period of residence.

7. Before making an order of adoption the judge or surrogate shall
inquire of the department of social services and the department shall
inform the court whether an adoptive parent is the subject of an
indicated report, as such terms are defined in section four hundred
twelve of the social services law, filed with the statewide central
register of child abuse and maltreatment pursuant to title six of
article six of the social services law and shall cause to be made an

investigation by a disinterested person or by an authorized agency
specifically designated by the judge or surrogate to examine into the
allegations set forth in the petition and to ascertain such other facts
relating to the adoptive child and adoptive parents as will give such
judge or surrogate adequate basis for determining the propriety of
approving the adoption. A written report of such investigation shall be
submitted before the order of adoption is made. As used in this
subdivision, "disinterested person" includes the probation service of
the family court. Such an inquiry shall not be required if the findings
of such an inquiry made within the past twelve months is available to
the judge or surrogate.

7-a. Any order subject to the provisions of this section shall include
an adoption information registry birth parent registration consent form,
stating whether or not such biological parent or parents whose consent
is subject to the provisions of this section, consents to the receipt of
identifying information by the child to be adopted upon registration
with the adoption information registry established by section forty-one
hundred thirty-eight-c of the public health law and upon the adoptee
reaching the age of eighteen. If such consent is made, it shall be
revocable by either of the biological parents at any time. The
revocation of the consent by one of the parents shall revoke the consent
of both parents. The failure of a biological parent to complete the
consent form shall have no effect on the finality of the consent to
adoption. A copy of the form required by this subdivision, shall be
forwarded to the state adoption information registry for inclusion in
the records maintained by such registry. Any fees authorized to be
charged by the state adoption registry for filing documentation with
such registry shall be waived for the form required by this subdivision.

8. Rules of court shall permit the filing of a petition for adoption
of a child whose custody and guardianship has not yet been committed to
an authorized agency where a proceeding to terminate parental rights is
pending. Such adoption petition shall be filed in the court where the
termination of parental rights proceeding is pending. The clerk of such
court shall accept the adoption petition for filing and processing and
shall request such inquiries of the department of social services as are
required by subdivision seven of this section, provided, however, that
the petition, supporting documents and the fact of their filing shall
not be provided to the judge before whom the petition for termination of
parental rights is pending until such time as fact-finding is concluded
under such petition.

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