S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9008
 
                             I N  S E N A T E
 
                               April 9, 2024
                                ___________
 
 Introduced  by Sen. SCARCELLA-SPANTON -- read twice and ordered printed,
   and when printed to be committed to  the  Committee  on  Children  and
   Families
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15179-01-4
 S. 9008                             2
 
 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] 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.