§ 111. Whose consent required. 1. Subject to the limitations
hereinafter set forth consent to adoption shall be required as follows:

(a) Of the adoptive child, if over fourteen years of age, unless the
judge or surrogate in his discretion dispenses with such consent;

(b) Of the parents or surviving parent, whether adult or infant, of a
child conceived or born in wedlock;

(c) Of the mother, whether adult or infant, of a child born out of
wedlock;

(d) Of any person or authorized agency having lawful custody or
guardianship of the adoptive child;

(e) In the case of the adoption of a child transferred to the custody
and guardianship of an authorized agency, foster parent, or relative
pursuant to section three hundred eighty-four-b of the social services
law or a child transferred to the custody and guardianship of an
authorized agency pursuant to section three hundred eighty-three-c of
the social services law:

(i) Of any person adjudicated by a court of this state or a court of
any other state or territory of the United States to be the father of
the child prior to the filing of a petition to terminate parental rights
to the child pursuant to section three hundred eighty-four-b of the
social services law, an application to execute a judicial surrender of
rights to the child pursuant to subdivision three of section three
hundred eighty-three-c of the social services law, or an application for
approval of an extra-judicial surrender pursuant to subdivision four of
section three hundred eighty-three-c of the social services law;

(ii) Of any person who filed a petition in a court in this state
seeking to be adjudicated the father of the child prior to the filing of
a petition to terminate parental rights to the child pursuant to section
three hundred eighty-four-b of the social services law, an application
to execute a judicial surrender of rights to the child pursuant to
subdivision three of section three hundred eighty-three-c of the social
services law, or an application for approval of an extra-judicial
surrender pursuant to subdivision four of section three hundred
eighty-three-c of the social services law, provided that the parentage
petition has been resolved in the petitioner's favor or remains pending
at the conclusion of the proceedings pursuant to section three hundred
eighty-four-b, three hundred eighty-three-c, or three hundred
eighty-four of the social services law;

(iii) Of any person who has executed an acknowledgment of parentage
pursuant to section one hundred eleven-k of the social services law,
section five hundred sixteen-a of the family court act, or section
forty-one hundred thirty-five-b of the public health law prior to the
filing of a petition to terminate parental rights to the child pursuant
to section three hundred eighty-four-b of the social services law, an
application to execute a judicial surrender of rights to the child
pursuant to subdivision three of section three hundred eighty-three-c of
the social services law, or an application for approval of an
extra-judicial surrender pursuant to subdivision four of section three
hundred eighty-three-c of the social services law, provided that such
acknowledgement has not been vacated;

(iv) Of any person who filed an unrevoked notice of intent to claim
parentage of the child pursuant to section three hundred seventy-two-c
of the social services law prior to the filing of a petition to
terminate parental rights to the child pursuant to section three hundred
eighty-four-b of the social services law, an application to execute a
judicial surrender of rights to the child pursuant to subdivision three
of section three hundred eighty-three-c of the social services law, or
an application for approval of an extra-judicial surrender pursuant to
subdivision four of section three hundred eighty-three-c of the social
services law;

(f) In any other adoption proceeding:

(i) Of the father, whether adult or infant, of a child born
out-of-wedlock and placed with the adoptive parents more than six months
after birth, but only if such father shall have maintained substantial
and continuous or repeated contact with the child as manifested by: (A)
the payment by the father toward the support of the child of a fair and
reasonable sum, according to the father's means, and either (B) the
father's visiting the child at least monthly when physically and
financially able to do so and not prevented from doing so by the person
or authorized agency having lawful custody of the child, or (C) the
father's regular communication with the child or with the person or
agency having the care or custody of the child, when physically and
financially unable to visit the child or prevented from doing so by the
person or authorized agency having lawful custody of the child. The
subjective intent of the father, whether expressed or otherwise,
unsupported by evidence of acts specified in this paragraph manifesting
such intent, shall not preclude a determination that the father failed
to maintain substantial and continuous or repeated contact with the
child. In making such a determination, the court shall not require a
showing of diligent efforts by any person or agency to encourage the
father to perform the acts specified in this paragraph. A father,
whether adult or infant, of a child born out-of-wedlock, who openly
lived with the child for a period of six months within the one year
period immediately preceding the placement of the child for adoption and
who during such period openly held himself out to be the father of such
child shall be deemed to have maintained substantial and continuous
contact with the child for the purpose of this subdivision;

(ii) Of the father, whether adult or infant, of a child born
out-of-wedlock who is under the age of six months at the time he is
placed for adoption, but only if: (A) such father openly lived with the
child or the child's mother for a continuous period of six months
immediately preceding the placement of the child for adoption; and (B)
such father openly held himself out to be the father of such child
during such period; and (C) such father paid a fair and reasonable sum,
in accordance with his means, for the medical, hospital and nursing
expenses incurred in connection with the mother's pregnancy or with the
birth of the child.

2. The consent shall not be required of a parent or of any other
person having custody of the child:

(a) who evinces an intent to forego his or her parental or custodial
rights and obligations as manifested by his or her failure for a period
of six months to visit the child and communicate with the child or
person having legal custody of the child, although able to do so; or

(b) who has surrendered the child to an authorized agency under the
provisions of section three hundred eighty-three-c or three hundred
eighty-four of the social services law; or

(c) for whose child a guardian has been appointed under the provisions
of section three hundred eighty-four-b of the social services law; or

(d) who, by reason of mental illness or intellectual disability, as
defined in subdivision six of section three hundred eighty-four-b of the
social services law, is presently and for the foreseeable future unable
to provide proper care for the child. The determination as to whether a
parent is mentally ill or intellectually disabled shall be made in
accordance with the criteria and procedures set forth in subdivision six
of section three hundred eighty-four-b of the social services law; or

(e) who has executed an instrument, which shall be irrevocable,
denying the paternity of the child, such instrument having been executed
after conception and acknowledged or proved in the manner required to
permit the recording of a deed.

3. (a) Notice of the proposed adoption shall be given to a person
whose consent to adoption is required pursuant to subdivision one and
who has not already provided such consent.

(b) Notice and an opportunity to be heard upon the proposed adoption
may be afforded to a parent whose consent to adoption may not be
required pursuant to subdivision two, if the judge or surrogate so
orders.

(c) Notice under this subdivision shall be given in such manner as the
judge or surrogate may direct.

(d) Notwithstanding any other provision of law, neither the notice of
a proposed adoption nor any process in such proceeding shall be required
to contain the name of the person or persons seeking to adopt the child.

4. Where the adoptive child is over the age of eighteen years the
consents specified in paragraphs (b), (c) and (d) of subdivision one of
this section shall not be required, and the judge or surrogate in his
discretion may direct that the consent specified in paragraph (f) of
subdivision one of this section shall not be required if in his opinion
the best interests of the adoptive child will be promoted by the
adoption and such consent cannot for any reason be obtained.

5. An adoptive child who has once been lawfully adopted may be
readopted directly from such child's adoptive parents in the same manner
as from its birth parents. In such case the consent of such birth
parents shall not be required but the judge or surrogate in his
discretion may require that notice be given to the birth parents in such
manner as he may prescribe.

6. For the purposes of paragraph (a) of subdivision two:

(a) In the absence of evidence to the contrary, the ability to visit
and communicate with a child or person having custody of the child shall
be presumed.

(b) Evidence of insubstantial or infrequent visits or communication by
the parent or other person having custody of the child shall not, of
itself, be sufficient as a matter of law to preclude a finding that the
consent of such parent or person to the child's adoption shall not be
required.

(c) The subjective intent of the parent or other person having custody
of the child, whether expressed or otherwise, unsupported by evidence of
acts specified in paragraph (a) of subdivision two manifesting such
intent, shall not preclude a determination that the consent of such
parent or other person to the child's adoption shall not be required.

(d) Payment by a parent toward the support of the child of a fair and
reasonable sum, according to the parent's means, shall be deemed a
substantial communication by such parent with the child or person having
legal custody of the child.