§ 113. Special provisions relating to adoption from authorized
agencies. 1. An authorized agency may consent to the adoption of a
minor whose custody and guardianship has been transferred to such
agency. An authorized agency may also consent to the adoption of a minor
whose care and custody has been transferred to such agency pursuant to
section one thousand fifty-five of the family court act or section three
hundred eighty-four-a of the social services law, where such child's
parents are both deceased, or where one parent is deceased and the other
parent is not a person entitled to notice pursuant to sections one
hundred eleven and one hundred eleven-a of this chapter.

2. In accordance with subparagraph three of paragraph (g) of
subdivision six of section three hundred ninety-eight of the social
services law, an authorized agency may submit a written request to a
social services district with a population of more than two million for
approval to consent to the adoption of a child whose custody and
guardianship, or of a child where such child's parents are both
deceased, or where one parent is deceased and the other parent is not
entitled to notice pursuant to sections one hundred eleven and one
hundred eleven-a of this chapter, and whose care and custody, has been
transferred to a social services official and who has been placed by the
social services official with the authorized agency. If the request is
not disapproved by the social services district within sixty days after
its submission, it shall be deemed approved, and the authorized agency
may give all necessary consent to the adoption of the child. Nothing
herein shall result in the transfer of care and custody or custody and
guardianship of the child from the social services official to the
authorized agency.

3. (a) The agreement of adoption shall be executed by such authorized
agency.

(b)(i) If the adoption petition is filed pursuant to subdivision eight
of section one hundred twelve of this article or subdivision ten of
section three hundred eighty-three-c or subdivision eleven of section
three hundred eighty-four-b of the social services law, the petition
shall be filed in the county where the termination of parental rights
proceeding or judicial surrender proceeding, as applicable, is pending
and shall be assigned, wherever practicable, to the same judge.

(ii) In any other agency adoption proceeding, the petition shall be
filed in the same court and, wherever practicable, shall be assigned to
the same judge of the county in which parental rights had been
terminated, a judicial surrender had been approved or the most recent
proceeding under article ten or ten-A of the family court act or section
three hundred fifty-eight-a of the social services law had been heard,
whichever occurred last, or in the county where the adoptive parents
reside or, if such adoptive parents do not reside in this state, in the
county where such authorized agency has its principal office. The
following procedures shall be applicable in cases where the child is
under the jurisdiction of a family court, but where the adoption
petition has been filed in a court other than the court that presided
over the termination of parental rights, surrender or most recent
proceeding under article ten or ten-A of the family court act or section
three hundred fifty-eight-a of the social services law, whichever
occurred last:

(A) Before hearing such an adoption proceeding, the court in which the
adoption petition was filed shall ascertain whether the child is under
the jurisdiction of a family court as a result of a placement under
article ten or ten-A of the family court act or section three hundred
fifty-eight-a of the social services law, a surrender under section
three hundred eighty-three-c or three hundred eighty-four of the social
services law or an order committing guardianship and custody under
article six of the family court act or section three hundred
eighty-four-b of the social services law, and, if so, which court
exercised jurisdiction over the most recent permanency or other
proceeding involving the child.

(B) If the court determines that the child is under the jurisdiction
of a different family court, the court in which the adoption petition
was filed shall stay its proceeding for not more than thirty days and
shall communicate with the family court judge who exercised jurisdiction
over the most recent permanency or other proceeding involving the child.
The communication shall be recorded or summarized on the record by the
court in which the adoption petition was filed. Both courts shall notify
the parties and the attorney for the child, if any, in their respective
proceedings and shall give them an opportunity to present facts and
legal argument or to participate in the communication prior to the
issuance of a decision on jurisdiction.

(C) The family court judge who exercised jurisdiction over the most
recent permanency or other proceeding involving the child shall
determine whether he or she should assume or decline jurisdiction over
the adoption proceeding. In making its determination, the family court
judge shall consider, among other factors: the relative familiarity of
each court with the facts and circumstances regarding permanency
planning for, and the needs and best interests of, the child; the
ability of the attorney for the child to continue such representation in
the adoption proceeding, if appropriate; the convenience of each court
to the residence of the prospective adoptive parent or parents; and the
relative ability of each court to hear and determine the adoption
petition expeditiously. The court in which the adoption petition was
filed shall issue an order incorporating this determination of
jurisdiction within thirty days of the filing of the adoption petition.

(D) If the family court that exercised jurisdiction over the most
recent permanency or other proceeding determines that it should exercise
jurisdiction over the adoption petition, the order of the court in which
the adoption petition was filed shall direct the transfer of the
proceeding forthwith but in no event more than thirty-five days after
the filing of the petition. The petition shall be assigned, wherever
practicable, to the family court judge who heard the most recent
permanency or other proceeding involving the child.

(E) If the family court that exercised jurisdiction over the
permanency or other proceeding involving the child declines to exercise
jurisdiction over the adoption petition, the court in which the adoption
petition was filed shall issue an order incorporating that determination
and shall proceed forthwith.

(iii) Neither such authorized agency nor any officer or agent thereof
need appear before the judge or surrogate. The judge or surrogate in his
or her discretion may accept the report of an authorized agency verified
by one of its officers or agents as the report of investigation
hereinbefore required. In making orders of adoption the judge or
surrogate when practicable must give custody only to persons of the same
religious faith as that of the adoptive child in accordance with article
six of the social services law.