S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10464
 
                           I N  A S S E M B L Y
 
                               May 29, 2024
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Paulin) --
   read once and referred to the Committee on Social Services
 
 AN ACT to amend the social services law,  in  relation  to  payments  of
   certain expenses by adoptive parents
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

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

                                                            LBD15179-01-4
 A. 10464                            2
 
 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] FORTY-FIVE days
 after the birth or [thirty] FORTY-FIVE 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. This  subdivi-
 sion  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  consultation  and
 legal  advice,  preparation of papers and representation and other legal
 services rendered in connection with an adoption proceeding or of neces-
 sary disbursements incurred for or in an adoption proceeding. No  attor-
 ney  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.
   § 2. This act shall take effect on the thirtieth day  after  it  shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal  of  any  rule  or regulation necessary for the implementation of
 this act on its effective date are authorized to be made  and  completed
 on or before such effective date.