§ 111-a. Notice in certain proceedings to fathers of children born
out-of-wedlock. 1. Notwithstanding any inconsistent provisions of this
or any other law, and in addition to the notice requirements of any law
pertaining to persons other than those specified in subdivision two of
this section, notice as provided herein shall be given to the persons
specified in subdivision two of this section of any adoption proceeding
initiated pursuant to this article or of any proceeding initiated
pursuant to section one hundred fifteen-b of this article relating to
the revocation of an adoption consent, when such proceeding involves a
child born out-of-wedlock provided, however, that such notice shall not
be required to be given: (a) 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; or (b) to any
person who has previously received notice of any proceeding pursuant to
section one hundred fifteen-b of this article. In addition to such other
requirements as may be applicable to the petition in any proceeding in
which notice must be given pursuant to this section, the petition shall
set forth the names and last known addresses of all persons required to
be given notice of the proceeding, pursuant to this section, and there
shall be shown by the petition or by affidavit or other proof
satisfactory to the court that there are no persons other than those set
forth in the petition who are entitled to notice. For the purpose of
determining persons entitled to notice of adoption proceedings initiated
pursuant to this article, persons specified in subdivision two of this
section shall not include any person who has been convicted of one or
more of the following sexual offenses in this state or convicted of one
or more offenses in another jurisdiction which, if committed in this
state, would constitute one or more of the following offenses, when the
child who is the subject of the proceeding was conceived as a result:
(A) rape in first or second degree; (B) course of sexual conduct against
a child in the first degree; (C) predatory sexual assault; or (D)
predatory sexual assault against a child.

2. Persons entitled to notice, pursuant to subdivision one of this
section, shall include:

(a) any person adjudicated by a court in this state to be the father
of the child;

(b) any person adjudicated by a court of another state or territory of
the United States to be the father of the child, when a certified copy
of the court order has been filed with the putative father registry,
pursuant to section three hundred seventy-two-c of the social services
law;

(c) any person who has timely filed an unrevoked notice of intent to
claim paternity of the child, pursuant to section three hundred
seventy-two-c of the social services law;

(d) any person who is recorded on the child's birth certificate as the
child's father;

(e) any person who is openly living with the child and the child's
mother at the time the proceeding is initiated and who is holding
himself out to be the child's father;

(f) any person who has been identified as the child's father by the
mother in written, sworn statement;

(g) any person who was married to the child's mother within six months
subsequent to the birth of the child and prior to the execution of a
surrender instrument or the initiation of a proceeding pursuant to
section three hundred eighty-four-b of the social services law; and

(h) any person who has filed with the putative father registry an
instrument acknowledging paternity of the child, pursuant to section
4-1.2 of the estates, powers and trusts law.

3. The provisions of this section shall not apply to persons entitled
to notice pursuant to section one hundred eleven.

The sole purpose of notice under this section shall be to enable the
person served pursuant to subdivision two to present evidence to the
court relevant to the best interests of the child.

4. Notice under this section shall be given at least twenty days prior
to the proceeding by delivery of a copy of the petition and notice to
the person. Upon a showing to the court, by affidavit or otherwise, on
or before the date of the proceeding or within such further time as the
court may allow, that personal service cannot be effected at the
person's last known address with reasonable effort, notice may be given,
without prior court order therefor, at least twenty days prior to the
proceeding by registered or certified mail directed to the person's last
known address or, where the person has filed a notice of intent to claim
paternity pursuant to section three hundred seventy-two-c of the social
services law, to the address last entered therein. Notice by publication
shall not be required to be given to a person entitled to notice
pursuant to the provisions of this section.

5. A person may waive his right to notice under this section by
written instrument subscribed by him and acknowledged or proved in the
manner required for the execution of a surrender instrument pursuant to
section three hundred eighty-four of the social services law.

6. The notice given to persons pursuant to this section shall inform
them of the time, date, place and purpose of the proceeding and shall
also apprise such persons that their failure to appear shall constitute
a denial of their interest in the child which denial may result, without
further notice, in the adoption or other disposition of the custody of
the child.

7. No order of adoption and no order of the court pursuant to section
one hundred fifteen-b shall be vacated, annulled or reversed upon the
application of any person who was properly served with notice in
accordance with this section but failed to appear, or who waived notice
pursuant to subdivision five. Nor shall any order of adoption be
vacated, annulled or reversed upon the application of any person who was
properly served with notice in accordance with this section in any
previous proceeding pursuant to section one hundred fifteen-b in which
the court determined that the best interests of the child would be
served by adoption of the child by the adoptive parents.