NY State Senate Bill 2019-S5979B

Senate Bill S5979B

2019-2020 Legislative Session

Relates to certain time periods and prospective applicants in adoption proceedings; repealer

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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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 10, 2020	print number 5979b
Mar 10, 2020	amend (t) and recommit to children and families
Feb 04, 2020	print number 5979a
Feb 04, 2020	amend and recommit to children and families
Jan 08, 2020	referred to children and families
May 16, 2019	referred to children and families

Bill Amendments

Original

B (Active)

2019-S5979 - Details

Current Committee:: Senate Children And Families
Law Section:: Domestic Relations Law
Laws Affected:: Amd §§110 & 115-b, Dom Rel L; rpld §373 sub 3, amd §§373, 374 & 382, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S1884
2023-2024: S2971

2019-S5979 - Summary

Changes the time period for extrajudicial consent and lengthens the time period for payments to a birth mother prior to giving birth and expands the types of unlawful denials of prospective applicants in adoption proceedings; repeals provisions relating to an individual's religious faith when determining placement.

2019-S5979 - Sponsor Memo

                                
 
BILL NUMBER: S5979

SPONSOR: MAYER
 
TITLE OF BILL:  An act to amend the domestic relations law and the
social services law, in relation to certain time periods and prospective
applicants in adoption proceedings

 
PURPOSE:

 
SUMMARY OF PROVISIONS:

Section 1 amends the domestic relations law to prevent discrimination
against adoptive parents for any status protected by the New York State
Human Rights Law.

Section 2 amends the domestic relation law shorting the time for an
adoption to become permanent from forty-five days to twenty-five days.

Section 3 amends the social service law to clarify that preference will
be given to a person of the same religious faith when practicable.

Section 4 amends the social service law by extending the period of time
that adoptive parents can provide reasonable assistance to birth mothers
from sixty to one hundred eighty days prior to birth.

 
JUSTIFICATION:

Presently, the laws regulating adoption in New York State do not explic-
itly prohibit discrimination against prospective adoptive parents based
on race, ethnicity, creed, gender, sexuality, etc.  Further, New York
State law provides that consent for a private place adoption becomes
irrevocable forty-five (45) days after its execution, which is in stark
contrast to the majority of states in which such consent decrees become
irrevocable upon execution up to fifteen (15) days after execution.

Under the current state of New York law, an adoptive parent could have
custody of an adopted child and, on the forty-fourth day, the birth
parents could withdraw their consent for the adoption, thereby forcing
the adoptive parents to relinquish custody of that child to the birth
parents. Further, New York law does not permit adoptive parents to pay
the birth mother's reasonable and actual expenses for housing, maternity
clothing, clothing for the child, and transportation beyond sixty days
prior to the birth of the child.In most cases, birth mothers match to
prospective adoptive parents between 180 to 90 days prior to the birth
of the child.

In addition, the current state of the law does not permit prospective
adoptive parents to pay for the expenses of the birth mother, who often
is unable to other wise pay for these expenses, which can inhibit the
birth mother's ability to receive appropriate prenatal care. According-
ly, many states permit the adoptive parents to pay the birth mother's
reasonable and actual medical expenses for a period of time beginning
one hundred and eighty (180) days prior to the birth of the adopted
child and ending thirty (30) to forty-five (45) days after the birth of
said adopted child. These legislative deficiencies have made caused many
prospective adoptive parents to adopt children who are born in other
states, which have laws that do not drastically limit an adoptive
parent's ability to adopt a child.

This bill aims to eliminate unnecessary legislative barriers to adoption
of children in New York State while easing the financial burden that
many adoptive parents bear when adopting a child.

 
LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after becoming law.

2019-S5979 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5979
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 16, 2019
                                ___________
 
 Introduced  by  Sen.  MAYER  -- 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 and the social services  law,
   in  relation  to  certain  time  periods and prospective applicants in
   adoption proceedings

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  closing  paragraph  of  section  110 of the domestic
 relations law, as added by chapter 522 of the laws of 1999,  is  amended
 to read as follows:
   It  shall  be  unlawful  to  preclude a prospective adoptive parent or
 parents solely on the basis that the adoptor or adopters has had, or has
 cancer, or any other disease. Nothing herein shall prevent the rejection
 of a prospective applicant based upon his or her poor health or  limited
 life expectancy, AGE, RACE, CREED, COLOR, NATIONAL ORIGIN, SEXUAL ORIEN-
 TATION, GENDER IDENTITY OR EXPRESSION, MILITARY STATUS, SEX, DISABILITY,
 PREDISPOSING  GENETIC  CHARACTERISTICS, FAMILIAL STATUS, MARITAL STATUS,
 OR DOMESTIC VIOLENCE VICTIM STATUS.
   § 2. Subdivisions 3 and 4 and paragraph (a) and the opening  paragraph
 of  paragraph  (b)  of  subdivision  6  of section 115-b of the domestic
 relations law, subdivision 3 and the opening paragraph of paragraph  (b)
 of subdivision 6 as amended and subdivision 4 as added by chapter 817 of
 the  laws  of 1986, paragraph (c) of subdivision 4 as amended by chapter
 680 of the laws of 2007, paragraph (d) of subdivision 4 as relettered by
 chapter 371 of the laws of 1994, and paragraph (a) of subdivision  6  as
 amended  by  chapter  557  of  the  laws of 1988, are amended to read as
 follows:
   3. Extrajudicial consents. (a) Whenever a consent is not  executed  or
 acknowledged  before a judge or surrogate pursuant to subdivision two of
 this section such consent shall become irrevocable [forty-five]  TWENTY-
 FIVE  days  after  the execution of the consent unless written notice of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11716-02-9

 S. 5979                             2
 
 revocation thereof is received  by  the  court  in  which  the  adoption
 proceeding is to be commenced within said [forty-five] TWENTY-FIVE days.
   (b)  Notwithstanding  that such written notice is received within said
 [forty-five] TWENTY-FIVE days, the notice of revocation shall  be  given
 effect  only  if the adoptive parents fail to oppose such revocation, as
 provided in subdivision six of this section, or,  if  they  oppose  such
 revocation  and the court as provided in subdivision six of this section
 has determined that the best interests of the child will  be  served  by
 giving force and effect to such revocation.
   4.  (a)  In  any  case where a consent is not executed or acknowledged
 before a judge or surrogate pursuant to subdivision two of this section,
 the consent shall state, in conspicuous print of at least eighteen point
 type:
   (i) the name and address of the court in which the adoption proceeding
 has been or is to be commenced; and
   (ii) that the consent may be revoked within  [forty-five]  TWENTY-FIVE
 days  of  the  execution  of  the  document and where the consent is not
 revoked within said [forty-five] TWENTY-FIVE days no proceeding  may  be
 maintained by the parent for the return of the custody of the child; and
   (iii)  that  such  revocation  must  be in writing and received by the
 court where the adoption proceeding is to be  commenced  within  [forty-
 five] TWENTY-FIVE days of the execution of said consent; and
   (iv)  that,  if  the  adoptive  parents contest the revocation, timely
 notice of the revocation will not necessarily result in  the  return  of
 the  child to the parent's custody, and that the rights of the parent to
 custody of the child shall not be superior  to  those  of  the  adoptive
 parents  but  that a hearing will be required before a judge pursuant to
 the provisions of this section to determine: (1) whether the  notice  of
 revocation  was timely and properly given; and if necessary, (2) whether
 the best interests of the child will be served by: (A) returning custody
 of the child to the parent; or (B) by continuing the adoption proceeding
 commenced by the adoptive parents; or  (C)  by  disposition  other  than
 adoption  by the adoptive parents; or (D) by placement of the child with
 an authorized agency, and if any such determination is made,  the  court
 shall  make  such  disposition  of the custody of the child as will best
 serve the interests of the child; and
   (v) that the parent has the  right  to  legal  representation  of  the
 parent's own choosing; the right to obtain supportive counseling and may
 have the right to have the court appoint an attorney pursuant to section
 two  hundred  sixty-two  of  the  family court act, section four hundred
 seven of the surrogate's court procedure act, or section thirty-five  of
 the judiciary law.
   (b)  Such  consent  shall  be executed or acknowledged before a notary
 public or other officer authorized to take proof of deeds.
   (c) A copy of such consent shall be given  to  such  parent  upon  the
 execution  thereof.  The  consent shall include the following statement:
 "I, (name of consenting parent), this ____  day  of  __________,  _____,
 have received a copy of this consent. (Signature of consenting parent)".
 Such consenting parent shall so acknowledge the delivery and the date of
 the delivery in writing on the consent.
   (d)  The  adoptive  parent  may  commence the adoption proceeding in a
 court of competent jurisdiction  other  than  the  court  named  in  the
 consent  provided  that such commencement is initiated more than [forty-
 five] TWENTY-FIVE days after the consent is executed. Such  commencement
 shall  not revive, extend or toll the period for revocation of a consent
 pursuant to this section.

 S. 5979                             3
 
   (a) A parent may revoke his consent to adoption only by giving notice,
 in writing, of such revocation, no later than  [forty-five]  TWENTY-FIVE
 days  after  the  execution  of  the  consent,  or twenty days after the
 receipt of a notice of denial, withdrawal or removal pursuant  to  para-
 graph  (a)  of subdivision four of section seventeen hundred twenty-five
 of the surrogate's court procedure act, whichever is later, to the court
 in which the adoption proceeding has been or is to  be  commenced.  Such
 notice  shall  set  forth the name and address of the court in which the
 adoption proceeding is to be commenced, the address of  the  parent  and
 may, in addition, set forth the name and address of the attorney for the
 parent.
   If,  within  [forty-five]  TWENTY-FIVE  days  of  the execution of the
 consent, the court has received such notice  of  revocation,  the  court
 shall promptly notify the adoptive parents and their attorney, by certi-
 fied mail, of the receipt by the court of such notice of revocation.
   §  3.  Subdivision  3  of  section  373  of the social services law is
 amended to read as follows:
   3. In appointing guardians of children,  and  in  granting  orders  of
 adoption of children, the court shall, when practicable, appoint as such
 guardians,  and  give  custody  through  adoption, [only] to a person or
 persons of the same religious faith as that of the child.
   § 4. 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. 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
 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.
   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
 pregnancy or the birth of the child, or of reasonable and  actual  nurs-
 ing,  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, hospital or birth

 S. 5979                             4
 
 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  days  after  the
 birth  or thirty 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;  PROVIDED,  HOWEVER,  THAT ANY SUCH
 PAYMENTS MADE TO THE BIRTH MOTHER SHALL NOT EXCEED TEN THOUSAND DOLLARS.
 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 consulta-
 tion and legal advice, preparation  of  papers  and  representation  and
 other  legal services rendered in connection with an adoption proceeding
 or of necessary disbursements incurred for or in an adoption proceeding.
 No attorney 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.
   §  5.  This  act shall take effect on the thirtieth day after it shall
 have become a law.

2019-S5979A - Details

Current Committee:: Senate Children And Families
Law Section:: Domestic Relations Law
Laws Affected:: Amd §§110 & 115-b, Dom Rel L; rpld §373 sub 3, amd §§373, 374 & 382, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S1884
2023-2024: S2971

2019-S5979A - Summary

2019-S5979A - Sponsor Memo

                                
 
BILL NUMBER: S5979A

SPONSOR: MAYER
 
PURPOSE:

 
SUMMARY OF PROVISIONS:

Section 1 amends the domestic relations law to prevent discrimination
against adoptive parents for any status protected by the New York State
Human Rights Law.

Section 2 amends the domestic relation law shorting the time for an
adoption to become permanent from forty-five days to twenty-five days.

Section 3 amends the social service law to clarify that preference will
be given to a person of the same religious faith when practicable.

Section 4 amends the social service law by extending the period of time
that adoptive parents can provide reasonable assistance to birth mothers
from sixty to one hundred eighty days prior to birth.

JUSTIFICATION:

Presently, the laws regulating adoption in New York State do not explic-
itly prohibit discrimination against prospective adoptive parents based
on race, ethnicity, creed, gender, sexuality, etc.  Further, New York
State law provides that consent for a private place adoption becomes
irrevocable forty-five (45) days after its execution, which is in stark
contrast to the majority of states in which such consent decrees become
irrevocable upon execution up to fifteen (15) days after execution.

Under the current state of New York law, an adoptive parent could have
custody of an adopted child and, on the forty-fourth day, the birth
parents could withdraw their consent for the adoption, thereby forcing
the adoptive parents to relinquish custody of that child to the birth
parents. Further, New York law does not permit adoptive parents to pay
the birth mother's reasonable and actual expenses for housing, maternity
clothing, clothing for the child, and transportation beyond sixty days
prior to the birth of the child. In most cases, birth mothers match to
prospective adoptive parents between 180 to 90 days prior to the birth
of the child.

In addition, the current state of the law does not permit prospective
adoptive parents to pay for the expenses of the birth mother, who often
is unable to other wise pay for these expenses, which can inhibit the
birth mother's ability to receive appropriate prenatal care. According-
ly, many states permit the adoptive parents to pay the birth mother's
reasonable and actual medical expenses for a period of time beginning
one hundred and eighty (180) days prior to the birth of the adopted
child and ending thirty (30) to forty-five (45) days after the birth of
said adopted child. These legislative deficiencies have made caused many
prospective adoptive parents to adopt children who are born in other
states, which have laws that do not drastically limit an adoptive
parent's ability to adopt a child.

This bill aims to eliminate unnecessary legislative barriers to adoption
of children in New York State while easing the financial burden that
many adoptive parents bear when adopting a child.

 
LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after becoming law.

2019-S5979A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5979--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 16, 2019
                                ___________
 
 Introduced  by  Sen.  MAYER  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Children and  Families  --
   recommitted  to  the  Committee on Children and Families in accordance
   with Senate Rule 6, sec. 8  --  committee  discharged,  bill  amended,
   ordered reprinted as amended and recommitted to said committee

 AN  ACT to amend the domestic relations law and the social services law,
   in relation to certain time  periods  and  prospective  applicants  in
   adoption proceedings
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The seventh undesignated paragraph of section  110  of  the
 domestic  relations law, as added by chapter 522 of the laws of 1999, is
 amended to read as follows:
   It shall be unlawful to preclude  a  prospective  adoptive  parent  or
 parents  [solely]  on  the  basis  OF  AGE, RACE, CREED, COLOR, NATIONAL
 ORIGIN, SEXUAL ORIENTATION,  GENDER  IDENTITY  OR  EXPRESSION,  MILITARY
 STATUS,  SEX, DISABILITY, PREDISPOSING GENETIC CHARACTERISTICS, FAMILIAL
 STATUS, MARITAL STATUS, OR DOMESTIC VIOLENCE VICTIM STATUS, OR that  the
 adoptor  or adopters has had, or has cancer, or any other disease. Noth-
 ing herein shall prevent the rejection of a prospective applicant  based
 upon his or her poor health or limited life expectancy.
   §  2. Subdivisions 3 and 4 and paragraph (a) and the opening paragraph
 of paragraph (b) of subdivision 6  of  section  115-b  of  the  domestic
 relations  law, subdivision 3 and the opening paragraph of paragraph (b)
 of subdivision 6 as amended and subdivision 4 as added by chapter 817 of
 the laws of 1986, paragraph (c) of subdivision 4 as amended  by  chapter
 680 of the laws of 2007, paragraph (d) of subdivision 4 as relettered by
 chapter  371  of the laws of 1994, and paragraph (a) of subdivision 6 as
 amended by chapter 557 of the laws of  1988,  are  amended  to  read  as
 follows:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11716-04-0

 S. 5979--A                          2
 
   3.  Extrajudicial  consents. (a) Whenever a consent is not executed or
 acknowledged before a judge or surrogate pursuant to subdivision two  of
 this  section such consent shall become irrevocable [forty-five] TWENTY-
 FIVE days after the execution of the consent unless  written  notice  of
 revocation  thereof  is  received  by  the  court  in which the adoption
 proceeding is to be commenced within said [forty-five] TWENTY-FIVE days.
   (b) Notwithstanding that such written notice is received  within  said
 [forty-five]  TWENTY-FIVE  days, the notice of revocation shall be given
 effect only if the adoptive parents fail to oppose such  revocation,  as
 provided  in  subdivision  six  of this section, or, if they oppose such
 revocation and the court as provided in subdivision six of this  section
 has  determined  that  the best interests of the child will be served by
 giving force and effect to such revocation.
   4. (a) In any case where a consent is  not  executed  or  acknowledged
 before a judge or surrogate pursuant to subdivision two of this section,
 the consent shall state, in conspicuous print of at least eighteen point
 type:
   (i) the name and address of the court in which the adoption proceeding
 has been or is to be commenced; and
   (ii)  that  the consent may be revoked within [forty-five] TWENTY-FIVE
 days of the execution of the document  and  where  the  consent  is  not
 revoked  within  said [forty-five] TWENTY-FIVE days no proceeding may be
 maintained by the parent for the return of the custody of the child; and
   (iii) that such revocation must be in  writing  and  received  by  the
 court  where  the  adoption proceeding is to be commenced within [forty-
 five] TWENTY-FIVE days of the execution of said consent; and
   (iv) that, if the adoptive  parents  contest  the  revocation,  timely
 notice  of  the  revocation will not necessarily result in the return of
 the child to the parent's custody, and that the rights of the parent  to
 custody  of  the  child  shall  not be superior to those of the adoptive
 parents but that a hearing will be required before a judge  pursuant  to
 the  provisions  of this section to determine: (1) whether the notice of
 revocation was timely and properly given; and if necessary, (2)  whether
 the best interests of the child will be served by: (A) returning custody
 of the child to the parent; or (B) by continuing the adoption proceeding
 commenced  by  the  adoptive  parents;  or (C) by disposition other than
 adoption by the adoptive parents; or (D) by placement of the child  with
 an  authorized  agency, and if any such determination is made, the court
 shall make such disposition of the custody of the  child  as  will  best
 serve the interests of the child; and
   (v)  that  the  parent  has  the  right to legal representation of the
 parent's own choosing; the right to obtain supportive counseling and may
 have the right to have the court appoint an attorney pursuant to section
 two hundred sixty-two of the family  court  act,  section  four  hundred
 seven  of the surrogate's court procedure act, or section thirty-five of
 the judiciary law.
   (b) Such consent shall be executed or  acknowledged  before  a  notary
 public or other officer authorized to take proof of deeds.
   (c)  A  copy  of  such  consent shall be given to such parent upon the
 execution thereof. The consent shall include  the  following  statement:
 "I,  (name  of  consenting  parent), this ____ day of __________, _____,
 have received a copy of this consent. (Signature of consenting parent)".
 Such consenting parent shall so acknowledge the delivery and the date of
 the delivery in writing on the consent.
   (d) The adoptive parent may commence  the  adoption  proceeding  in  a
 court  of  competent  jurisdiction  other  than  the  court named in the

 S. 5979--A                          3
 
 consent provided that such commencement is initiated more  than  [forty-
 five]  TWENTY-FIVE days after the consent is executed. Such commencement
 shall not revive, extend or toll the period for revocation of a  consent
 pursuant to this section.
   (a) A parent may revoke his consent to adoption only by giving notice,
 in  writing,  of such revocation, no later than [forty-five] TWENTY-FIVE
 days after the execution of  the  consent,  or  twenty  days  after  the
 receipt  of  a notice of denial, withdrawal or removal pursuant to para-
 graph (a) of subdivision four of section seventeen  hundred  twenty-five
 of the surrogate's court procedure act, whichever is later, to the court
 in  which  the  adoption proceeding has been or is to be commenced. Such
 notice shall set forth the name and address of the court  in  which  the
 adoption  proceeding  is  to be commenced, the address of the parent and
 may, in addition, set forth the name and address of the attorney for the
 parent.
   If, within [forty-five] TWENTY-FIVE  days  of  the  execution  of  the
 consent,  the  court  has  received such notice of revocation, the court
 shall promptly notify the adoptive parents and their attorney, by certi-
 fied mail, of the receipt by the court of such notice of revocation.
   § 3. Subdivision 3 of section  373  of  the  social  services  law  is
 amended to read as follows:
   3.  In  appointing  guardians  of  children, and in granting orders of
 adoption of children, the court shall, when practicable, appoint as such
 guardians, and give custody through adoption,  [only]  to  a  person  or
 persons of the same religious faith as that of the child.
   §  4.  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.  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
 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.
   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
 pregnancy  or  the birth of the child, or of reasonable and actual nurs-

 S. 5979--A                          4
 
 ing, 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, hospital 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  days  after  the
 birth  or thirty 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;  PROVIDED,  HOWEVER,  THAT ANY SUCH
 PAYMENTS MADE TO THE BIRTH MOTHER SHALL NOT EXCEED TEN THOUSAND DOLLARS.
 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 consulta-
 tion and legal advice, preparation  of  papers  and  representation  and
 other  legal services rendered in connection with an adoption proceeding
 or of necessary disbursements incurred for or in an adoption proceeding.
 No attorney 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.
   §  5.  This  act shall take effect on the thirtieth day after it shall
 have become a law.

2019-S5979B (ACTIVE) - Details

Current Committee:: Senate Children And Families
Law Section:: Domestic Relations Law
Laws Affected:: Amd §§110 & 115-b, Dom Rel L; rpld §373 sub 3, amd §§373, 374 & 382, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S1884
2023-2024: S2971

2019-S5979B (ACTIVE) - Summary

2019-S5979B (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5979B

SPONSOR: MAYER
 
TITLE OF BILL:

An act to amend the domestic relations law and the social services law,
in relation to certain time periods and prospective applicants in
adoption proceedings; and to repeal subdivision 3 of section 373 of the
social services law relating to adoption proceedings and an individual's
religious faith

 
PURPOSE:

To reduce waiting times to finalize adoptions and to end discrimination
in adoptions

 
SUMMARY OF PROVISIONS:

Section 1 amends the domestic relations law to prevent discrimination
against adoptive parents for any status protected by the New York State
Human Rights Law.

Section 2 amends the domestic relation law shorting the time for an
adoption to become permanent from forty-five days to ten days.

Section 3 repeals subdivision 3 of section 373 the social service law to
which allowed for preference to be given to a person of the same reli-
gious faith.

Section 4 amends the social service law by extending the period of time
that adoptive parents can provide reasonable assistance to birth mothers
from sixty to one hundred eighty days prior to birth.

 
JUSTIFICATION:

Presently, the laws regulating adoption in New York State do not explic-
itly prohibit discrimination against prospective adoptive parents based
on race, ethnicity, creed, gender, sexuality, etc.  Further, New York
State law provides that consent for a private place adoption becomes
irrevocable forty-five (45) days after its execution, which is in stark
contrast to the majority of states in which such consent decrees become
irrevocable on average ten (10) days after execution.

Under the current state of New York law, an adoptive parent could have
custody of an adopted child and, on the forty-fourth day, the birth
parents could withdraw their consent for the adoption, thereby forcing
the adoptive parents to relinquish custody of that child to the birth
parents. Further, New York law does not permit adoptive parents to pay
the birth mother's reasonable and actual expenses for housing, maternity
clothing, clothing for the child, and transportation beyond sixty days
prior to the birth of the child. In most cases, birth mothers match to
prospective adoptive parents between 180 to 90 days prior to the birth
of the child.

In addition, the current state of the law does not permit prospective
adoptive parents to pay for the expenses of the birth mother, who often
is unable to other wise pay for these expenses, which can inhibit the
birth mother's ability to receive appropriate prenatal care. According-
ly, many states permit the adoptive parents to pay the birth mother's
reasonable and actual medical expenses for a period of time beginning
one hundred and eighty (180) days prior to the birth of the adopted
child and ending thirty (30) to forty-five (45) days after the birth of
said adopted child. These legislative deficiencies have made caused many
prospective adoptive parents to adopt children who are born in other
states, which have laws that do not drastically limit an adoptive
parent's ability to adopt a child.

This bill aims to eliminate unnecessary legislative barriers to adoption
of children in New York State while easing the financial burden that
many adoptive parents bear when adopting a child. This bill has been
amended to account for conversations about waiting periods and the grow-
ing conversations around gestational surrogacy in New York State.

 
LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after becoming law.

2019-S5979B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5979--B
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 16, 2019
                                ___________
 
 Introduced  by  Sen.  MAYER  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Children and  Families  --
   recommitted  to  the  Committee on Children and Families in accordance
   with Senate Rule 6, sec. 8  --  committee  discharged,  bill  amended,
   ordered  reprinted  as  amended  and  recommitted to said committee --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee
 
 AN  ACT to amend the domestic relations law and the social services law,
   in relation to certain time  periods  and  prospective  applicants  in
   adoption  proceedings;  and  to repeal subdivision 3 of section 373 of
   the social services law relating to adoption proceedings and an  indi-
   vidual's religious faith
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The opening paragraph and the  seventh  undesignated  para-
 graph  of  section  110 of the domestic relations law, the opening para-
 graph as amended by chapter 509 of the laws  of  2010  and  the  seventh
 undesignated  paragraph as added by chapter 522 of the laws of 1999, are
 amended to read as follows:
   An adult unmarried person, an adult married couple  together,  or  any
 two unmarried adult intimate partners together may adopt another person.
 An adult married person who is living separate and apart from his or her
 spouse  pursuant  to a decree or judgment of separation or pursuant to a
 written agreement of separation subscribed by the  parties  thereto  and
 acknowledged  or  proved  in  the  form required to entitle a deed to be
 recorded or an adult married person who has  been  living  separate  and
 apart  from his or her spouse for at least three years prior to commenc-
 ing an adoption proceeding may adopt another person; provided,  however,
 that  the  person so adopted shall not be deemed the child or step-child
 of the non-adopting spouse for the purposes of  inheritance  or  support
 rights  or  obligations  or  for  any  other purposes. An adult or minor

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

                                                            LBD11716-05-0

 S. 5979--B                          2
 
 married couple together may adopt a child of either of them born  in  or
 out  of  wedlock  and an adult or minor spouse may adopt such a child of
 the other spouse.  No  person  shall  hereafter  be  adopted  except  in
 pursuance of this article[, and in conformity with section three hundred
 seventy-three of the social services law].
   It  shall  be  unlawful  to  preclude a prospective adoptive parent or
 parents [solely] on the basis  OF  AGE,  RACE,  CREED,  COLOR,  NATIONAL
 ORIGIN,  SEXUAL  ORIENTATION,  GENDER  IDENTITY  OR EXPRESSION, MILITARY
 STATUS, SEX, DISABILITY, PREDISPOSING GENETIC CHARACTERISTICS,  FAMILIAL
 STATUS,  MARITAL STATUS, OR DOMESTIC VIOLENCE VICTIM STATUS, OR that the
 adoptor or adopters has had, or has cancer, or any other disease.  Noth-
 ing  herein shall prevent the rejection of a prospective applicant based
 upon his or her poor health or limited life expectancy.
   § 2. Subdivisions 3 and 4 and paragraph (a) and the opening  paragraph
 of  paragraph  (b)  of  subdivision  6  of section 115-b of the domestic
 relations law, subdivision 3 and the opening paragraph of paragraph  (b)
 of subdivision 6 as amended and subdivision 4 as added by chapter 817 of
 the  laws  of 1986, paragraph (c) of subdivision 4 as amended by chapter
 680 of the laws of 2007, paragraph (d) of subdivision 4 as relettered by
 chapter 371 of the laws of 1994, and paragraph (a) of subdivision  6  as
 amended  by  chapter  557  of  the  laws of 1988, are amended to read as
 follows:
   3. Extrajudicial consents. (a) Whenever a consent is not  executed  or
 acknowledged  before a judge or surrogate pursuant to subdivision two of
 this section such consent shall become irrevocable [forty-five] TEN days
 after the execution of the consent unless written notice  of  revocation
 thereof  is received by the court in which the adoption proceeding is to
 be commenced within said [forty-five] TEN days.
   (b) Notwithstanding that such written notice is received  within  said
 [forty-five]  TEN  days,  the notice of revocation shall be given effect
 only if the adoptive parents fail to oppose such revocation, as provided
 in subdivision six of this section, or, if they oppose  such  revocation
 and  the court as provided in subdivision six of this section has deter-
 mined that the best interests of the child  will  be  served  by  giving
 force and effect to such revocation.
   4.  (a)  In  any  case where a consent is not executed or acknowledged
 before a judge or surrogate pursuant to subdivision two of this section,
 the consent shall state, in conspicuous print of at least eighteen point
 type:
   (i) the name and address of the court in which the adoption proceeding
 has been or is to be commenced; and
   (ii) that the consent may be revoked within [forty-five] TEN  days  of
 the execution of the document and where the consent is not revoked with-
 in  said  [forty-five]  TEN  days no proceeding may be maintained by the
 parent for the return of the custody of the child; and
   (iii) that such revocation must be in  writing  and  received  by  the
 court  where  the  adoption proceeding is to be commenced within [forty-
 five] TEN days of the execution of said consent; and
   (iv) that, if the adoptive  parents  contest  the  revocation,  timely
 notice  of  the  revocation will not necessarily result in the return of
 the child to the parent's custody, and that the rights of the parent  to
 custody  of  the  child  shall  not be superior to those of the adoptive
 parents but that a hearing will be required before a judge  pursuant  to
 the  provisions  of this section to determine: (1) whether the notice of
 revocation was timely and properly given; and if necessary, (2)  whether
 the best interests of the child will be served by: (A) returning custody

 S. 5979--B                          3
 
 of the child to the parent; or (B) by continuing the adoption proceeding
 commenced  by  the  adoptive  parents;  or (C) by disposition other than
 adoption by the adoptive parents; or (D) by placement of the child  with
 an  authorized  agency, and if any such determination is made, the court
 shall make such disposition of the custody of the  child  as  will  best
 serve the interests of the child; and
   (v)  that  the  parent  has  the  right to legal representation of the
 parent's own choosing; the right to obtain supportive counseling and may
 have the right to have the court appoint an attorney pursuant to section
 two hundred sixty-two of the family  court  act,  section  four  hundred
 seven  of the surrogate's court procedure act, or section thirty-five of
 the judiciary law.
   (b) Such consent shall be executed or  acknowledged  before  a  notary
 public or other officer authorized to take proof of deeds.
   (c)  A  copy  of  such  consent shall be given to such parent upon the
 execution thereof. The consent shall include  the  following  statement:
 "I,  (name  of  consenting  parent), this ____ day of __________, _____,
 have received a copy of this consent. (Signature of consenting parent)".
 Such consenting parent shall so acknowledge the delivery and the date of
 the delivery in writing on the consent.
   (d) The adoptive parent may commence  the  adoption  proceeding  in  a
 court  of  competent  jurisdiction  other  than  the  court named in the
 consent provided that such commencement is initiated more  than  [forty-
 five]  TEN  days  after the consent is executed. Such commencement shall
 not revive, extend or toll the period for revocation of a consent pursu-
 ant to this section.
   (a) A parent may revoke his consent to adoption only by giving notice,
 in writing, of such revocation, no  later  than  [forty-five]  TEN  days
 after  the execution of the consent, or twenty days after the receipt of
 a notice of denial, withdrawal or removal pursuant to paragraph  (a)  of
 subdivision  four of section seventeen hundred twenty-five of the surro-
 gate's court procedure act, whichever is later, to the  court  in  which
 the  adoption  proceeding  has  been  or is to be commenced. Such notice
 shall set forth the name and address of the court in which the  adoption
 proceeding  is  to  be  commenced, the address of the parent and may, in
 addition, set forth the name and address of the attorney for the parent.
   If, within [forty-five] TEN days of the execution of the consent,  the
 court  has  received such notice of revocation, the court shall promptly
 notify the adoptive parents and their attorney, by  certified  mail,  of
 the receipt by the court of such notice of revocation.
   §  3.  Subdivision  3  of  section  373  of the social services law is
 REPEALED and subdivisions 4, 5, 6 and 7 are renumbered  subdivisions  3,
 4, 5 and 6.
   §  4.  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.  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

 S. 5979--B                          4
 
 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
 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.
   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
 pregnancy  or  the birth of the child, or of reasonable and actual nurs-
 ing, 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, hospital 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 days after the
 birth or thirty 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;  PROVIDED,  HOWEVER,  THAT  ANY  SUCH
 PAYMENTS MADE TO THE BIRTH MOTHER SHALL NOT EXCEED TEN THOUSAND DOLLARS.
 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 consulta-
 tion  and  legal  advice,  preparation  of papers and representation and
 other legal services rendered in connection with an adoption  proceeding
 or of necessary disbursements incurred for or in an adoption proceeding.
 No  attorney 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.
   § 5. Paragraphs (e), (f) and (g) of subdivision 4 of  section  382  of
 the  social  services  law, paragraphs (e) and (f) as amended by chapter
 945 of the laws of 1971 and paragraph (g) as amended by chapter  555  of
 the laws of 1978, are amended to read as follows:
   (e)  [will comply with section three hundred seventy-three;

 S. 5979--B                          5

   (f)]  will  supervise the care and training of such child and cause it
 to be visited at least annually by a responsible agent of the  licensee;
 and
   [(g)]  (F) will make to the department such reports as it from time to
 time may require.
   § 6. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.

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