S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5737
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 28, 2025
                                ___________
 
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04953-01-5
 S. 5737                             2
              

 
   (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
 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]
 SUCH BIRTH MOTHER'S pregnancy or the birth of the child, or  of  reason-
 able  and  actual nursing, 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,  hospi-
 tal  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
 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 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.