§ 115-a. Special provisions relating to children to be brought into
the state for private-placement adoption. 1. In the case of a child
whose admission to the United States as an eligible orphan with
non-quota immigrant status pursuant to the federal immigration and
nationality act is sought for the purpose of adoption in the state of
New York, the following pre-adoption requirements shall be observed: (a)
The adoptive parents or parent must present to a judge or surrogate
having jurisdiction of adoption proceedings, in the county of residence
of such adoptive parents or parent, a verified written application
containing the information set forth in subdivision two of this section,
in such form as the judge or surrogate may prescribe for an order of
pre-adoption investigation, to determine whether the adoption may be in
the best interests of the child.

(b) The adoptive parents or parent must appear for examination before
the judge or surrogate of the court where the pre-adoption proceedings
are instituted.

(c) The application must be accompanied by duly authenticated
documentary evidence: (1) that the child is a noncitizen under the age
of sixteen and (2) that he or she is an orphan because of the death or
disappearance of both parents, or because of abandonment, or desertion
by, or separation or loss from, both parents, or who has only one parent
due to the death or disappearance of, abandonment, or desertion by, or
separation or loss from the other parent, and the remaining parent is
incapable of providing care for such orphan and has in writing
irrevocably released him or her for emigration and adoption, and has
consented to the proposed adoption. In all cases where the orphan has no
remaining parent under the circumstances set forth above, documentary
evidence must be presented that the person, public authority or duly
constituted agency having lawful custody of the orphan at the time of
the making of the application, hereunder, has in writing irrevocably
released him or her for immigration and adoption and has consented to
the proposed adoption and (3) that the adoptive parents agree to adopt
and treat the adoptive child as their or his or her own lawful child.

(d) In addition thereto such additional releases and consents as the
court may in its sound discretion require.

2. The verified written application shall contain the following
information: the names and place of residence of the adoptive parent or
parents; whether they are of full age; whether they are married or
unmarried and, if married, whether they are living together as husband
and wife; the name, date and place of birth of the adoptive child as
nearly as the same can be ascertained; the religious faith of the
adoptive parent or parents; the religious faith of the adoptive child
and his parents as nearly as the same can be ascertained; the medical
history of the adoptive child as nearly as the same can be ascertained;
the occupation and approximate income of the adoptive parent or parents,
and the name by which the adoptive child is to be known; that no
previous application has been made to any court or judge for the relief
sought or if so made, the disposition of it and a statement as to
whether the adoptive child has been previously adopted, if such fact is
known to the adoptive parent or parents; the facts which establish that
the child is an eligible orphan who would be entitled to enter the
United States with non-quota immigrant status for the purpose of
adoption in New York state, pursuant to the provisions in the federal
immigration and nationality act, in such case made; the circumstances
whereby, and names and addresses of the intermediaries, if any, through
whom the adoptive parent or parents learned of the existence and
eligibility of the child and the names and addresses of the person or
persons, public authority or duly constituted agency in the land of the
child's residence executing the written release of the child for
emigration and adoption, and the consent to such adoption, the
circumstances under which the release and consent were obtained, insofar
as they are known to the adoptive parent or parents.

2-a. The verified written application shall contain the following
information: the heritage of the parents as nearly as the same can be
ascertained, which shall include nationality, ethnic background and
race; education, which shall be the number of years of school completed
by the parents at the time of the birth of the adoptive child; general
physical appearance of the parents at the time of the birth of the
adoptive child, which shall include height, weight, color of hair, eyes,
skin; occupation of the parents at the time of the birth of the adoptive
child; health and medical history of the parents at the time of the
birth of the adoptive child, including all available information setting
forth conditions or diseases believed to be hereditary, any drugs or
medication taken during the pregnancy by the child's mother; and any
other information which may be a factor influencing the child's present
or future health, talents, hobbies and special interests of parents.

3. Upon receiving the verified written application, required
documentary evidence, agreement and consents, the judge or surrogate,
upon finding that the applicable provisions of section one hundred
fifteen-a have been complied with and that it appears that the proposed
adoption may be in the best interests of the child, shall issue an order
of pre-adoption investigation hereunder. The order of pre-adoption
investigation shall require that the report of such investigation be
made by a disinterested person who in the opinion of the judge or
surrogate is qualified by training and experience, or by an authorized
agency specifically designated by him to examine into the statements set
forth in the application. The investigator shall make a written report
of his investigation into the truth and accuracy of the statements in
the application and where applicable, into the validity of the
documentary evidence, submitted with the application, and he shall
ascertain as fully as possible, and incorporate in his report the
various factors which may bear upon the determination of the application
for adoption including, but not limited to, the following information:

(a) the marital and family status, and history, of adoptive parents;

(b) the physical and mental health of the adoptive parents;

(c) the property owned by and the income of the adoptive parents;

(d) the compensation paid or agreed upon with respect to the placement
of the child for adoption;

(e) whether either adoptive parent has ever been respondent in any
proceeding concerning allegedly neglected, abandoned or delinquent
children;

(f) the desirability of bringing the child into New York state for
private-placement adoption;

(g) any other facts relating the familial, social, religious,
emotional and financial circumstances of the adoptive parents which may
be relevant to a determination of suitability of the adoption.

The written report of pre-adoption investigation shall be submitted to
the judge or surrogate within thirty days after the same is directed to
be made, unless for good cause shown the judge or surrogate shall grant
a reasonable extension of such period. The report shall be filed with
the judge or surrogate, in any event, before the court shall issue its
pre-adoption certificate that it appears that the adoption is in the
best interests of the child.

4. On the return of the pre-adoption investigation order the judge or
surrogate shall examine the written report of the pre-adoption
investigation, and shall determine upon the basis of such written report
and such further proof, if any, as he may deem necessary, whether to
issue a pre-adoption certificate as provided for in this subdivision.

If the court is satisfied that the adoption may be in the best
interests of the child, and that there has been compliance with all
requirements hereof and is satisfied that the moral and temporal
interests of the child will be promoted by the adoption, the judge or
surrogate shall issue an original certificate under seal of the court
and two certified copies thereof, setting forth the fact that a
pre-adoption investigation has been conducted, and reciting the
documents and papers submitted therewith and stating that in the opinion
of the court there is compliance with all applicable laws and that it
appears from such investigation that the moral and temporal interests of
the child will be promoted by the proposed adoption. The original
certificate shall be filed with the clerk of the court, one certified
copy with the state commissioner of social services, and the adoptive
parents shall receive the second certified copy. The fact that the
adoptive child was born out of wedlock shall in no case appear in such
certificate. The written report of pre-adoption investigation together
with all other papers pertaining to the pre-adoption investigation and
the original certificate shall be kept by the court as a permanent
record and such papers must be sealed by the judge and withheld from
inspection. No person shall be allowed access to such sealed records and
original certificate and any index thereof except upon an order of the
court in which the pre-adoption certificate was made or an order of a
justice of the supreme court. No order for access and inspection shall
be granted except on due notice to the adoptive parents and on good
cause shown. In like manner as a court of general jurisdiction exercises
such powers, the court in which the pre-adoption certificate was made
may open, vacate or set aside such certificate for fraud, newly
discovered evidence or other sufficient cause.

5. The private-placement adoption of children who have been brought
into the United States and the state for such purpose and placed with
the adoptive parent or parents, shall be effected after issuance of the
pre-adoption certificate, in the manner provided by this title,
excepting that (a) the petition shall also recite the pre-adoption
proceedings, and (b) the court may in its discretion for good cause
shown, waive a subsequent investigation. In such case the order of
adoption shall recite the reason for such action.

6. In any case where there has been a failure to comply with the
requirements of this section, if applicable, no order of adoption shall
be made until one year after the court shall have received the petition
to adopt. The court may shorten such waiting period for good cause
shown, and, in such case the order of adoption shall recite the reason
for such action.

7. The provisions of this section, shall not be applicable to the
adoption of children placed out or to be placed out for adoption by an
authorized agency as defined in section three hundred seventy-one of the
social services law.

8. Notwithstanding any provision of law to the contrary, where a child
is placed with a couple or individual in New York state for the purpose
of adoption, and where said adoption has theretofore been finalized in
the country of birth, outside the United States, the couple or person
may petition the court in their county of residence in New York state,
for the readoption of said child in accordance with the provisions of
this chapter, providing for adoptions originally commenced in this
state. In any proceeding for readoption, proof of finalization of an
adoption outside the United States shall be prima facie evidence of the
consent of those parties required to give consent to an adoption
pursuant to section one hundred eleven of this article.