Senate Bill S3898

2013-2014 Legislative Session

Eliminates the requirement for parental consent to an adoption when the parent has an order of protection against them for the protection of the other parent

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Children And Families Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2013-S3898 (ACTIVE) - Details

Current Committee:
Senate Children And Families
Law Section:
Domestic Relations Law
Laws Affected:
Amd ยง111, Dom Rel L
Versions Introduced in Other Legislative Sessions:
2009-2010: S7355
2011-2012: S862
2015-2016: S1988
2017-2018: S552
2019-2020: S917

2013-S3898 (ACTIVE) - Summary

Eliminates the requirement for parental consent to an adoption when one parent has an order of protection against him or her for the protection of the other parent, a person in lawful custody of the child or the child.

2013-S3898 (ACTIVE) - Sponsor Memo

2013-S3898 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3898

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 26, 2013
                               ___________

Introduced  by  Sen.  YOUNG  -- 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, in relation  to  eliminating
  the  requirement  of a parent to consent to the adoption of his or her
  child when such parent has had an order of protection  issued  against
  him  or  her  for  the protection of the other parent, a person having
  lawful custody of such child or the child

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph (e) of subdivision 2 of section 111 of the domes-
tic  relations  law,  as  amended by chapter 375 of the laws of 1997, is
amended and a new paragraph (f) is added to read as follows:
  (e) who has executed an instrument, which shall be irrevocable,  deny-
ing  the  paternity  of  the child, such instrument having been executed
after conception and acknowledged or proved in the  manner  required  to
permit the recording of a deed[.]; OR
  (F) WHO, WHETHER AN ADULT OR CHILD:
  (I) IS THE PARENT OF THE CHILD; AND
  (II)  IS  THE SPOUSE OR FORMER SPOUSE OF THE OTHER PARENT OF THE CHILD
CONCEIVED OR BORN IN WEDLOCK; AND
  (III) HAS HAD AN ORDER OF PROTECTION ISSUED AGAINST HIM OR HER FOR THE
PROTECTION OF THE OTHER PARENT, A PERSON HAVING LAWFUL CUSTODY  OF  SUCH
CHILD  OR  THE CHILD, WHICH IS IN EFFECT AT THE TIME OF THE PLACEMENT OF
THE CHILD OR AT ANY TIME DURING THE  SIX  MONTH  PERIOD  PRECEDING  SUCH
PLACEMENT.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09048-01-3

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