NY State Senate Bill 2021-S1884

Senate Bill S1884

2021-2022 Legislative Session

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

download bill text pdf

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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to children and families
Jan 16, 2021	referred to children and families

2021-S1884 (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:: 2019-2020: S5979
2023-2024: S2971

2021-S1884 (ACTIVE) - 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.

2021-S1884 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1884           Revised 2/1/2021

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.

2021-S1884 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1884
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 16, 2021
                                ___________
 
 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; 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
 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

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02640-01-1

 S. 1884                             2
 
 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
 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

 S. 1884                             3
 
 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
 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

 S. 1884                             4

 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;
   (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.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.