§ 115-b. Special provisions relating to consents in private-placement
adoptions. 1. A duly executed and acknowledged consent to a
private-placement adoption shall state that no action or proceeding may
be maintained by the consenting parent for the custody of the child to
be adopted except as provided in this section. Notwithstanding any other
section of law, a consent to adoption executed by a person who is in
foster care shall only be executed before a judge of the family court.

2. Judicial consents. (a) A consent to a private placement adoption
may be executed or acknowledged before any judge or surrogate in this
state having jurisdiction over adoption proceedings. Such consent shall
state that it is irrevocable upon such execution or acknowledgment. A
consent executed or acknowledged before a court in another state shall
satisfy the requirements of this section if it is executed by a resident
of the other state before a court of record which has jurisdiction over
adoption proceedings in that state, and a certified copy of the
transcript of that proceeding, showing compliance with paragraph (b) of
this subdivision, is filed as part of the adoption proceeding in this
state.

(b) At the time that a parent appears before a judge or surrogate to
execute or acknowledge a consent to adoption, the judge or surrogate
shall inform such parent of the consequences of such act pursuant to the
provisions of this section, including informing such parent of the right
to be represented by legal counsel of the parent's own choosing; of the
right to obtain supportive counseling and of any rights the parent may
have pursuant to section two hundred sixty-two of the family court act,
section four hundred seven of the surrogate's court procedure act, or
section thirty-five of the judiciary law. The judge or surrogate shall
give such parent a copy of such consent upon the execution thereof.

3. Extrajudicial consents. (a) Whenever a consent is not executed or
acknowledged before a judge or surrogate pursuant to subdivision two of
this section such consent shall become irrevocable forty-five days after
the execution of the consent unless written notice of revocation thereof
is received by the court in which the adoption proceeding is to be
commenced within said forty-five days.

(b) Notwithstanding that such written notice is received within said
forty-five days, the notice of revocation shall be given effect only if
the adoptive parents fail to oppose such revocation, as provided in
subdivision six of this section, or, if they oppose such revocation and
the court as provided in subdivision six of this section has determined
that the best interests of the child will be served by giving force and
effect to such revocation.

4. (a) In any case where a consent is not executed or acknowledged
before a judge or surrogate pursuant to subdivision two of this section,
the consent shall state, in conspicuous print of at least eighteen point
type:

(i) the name and address of the court in which the adoption proceeding
has been or is to be commenced; and

(ii) that the consent may be revoked within forty-five days of the
execution of the document and where the consent is not revoked within
said forty-five days no proceeding may be maintained by the parent for
the return of the custody of the child; and

(iii) that such revocation must be in writing and received by the
court where the adoption proceeding is to be commenced within forty-five
days of the execution of said consent; and

(iv) that, if the adoptive parents contest the revocation, timely
notice of the revocation will not necessarily result in the return of
the child to the parent's custody, and that the rights of the parent to
custody of the child shall not be superior to those of the adoptive
parents but that a hearing will be required before a judge pursuant to
the provisions of this section to determine: (1) whether the notice of
revocation was timely and properly given; and if necessary, (2) whether
the best interests of the child will be served by: (A) returning custody
of the child to the parent; or (B) by continuing the adoption proceeding
commenced by the adoptive parents; or (C) by disposition other than
adoption by the adoptive parents; or (D) by placement of the child with
an authorized agency, and if any such determination is made, the court
shall make such disposition of the custody of the child as will best
serve the interests of the child; and

(v) that the parent has the right to legal representation of the
parent's own choosing; the right to obtain supportive counseling and may
have the right to have the court appoint an attorney pursuant to section
two hundred sixty-two of the family court act, section four hundred
seven of the surrogate's court procedure act, or section thirty-five of
the judiciary law.

(b) Such consent shall be executed or acknowledged before a notary
public or other officer authorized to take proof of deeds.

(c) A copy of such consent shall be given to such parent upon the
execution thereof. The consent shall include the following statement:
"I, (name of consenting parent), this ____ day of __________, _____,
have received a copy of this consent. (Signature of consenting parent)".
Such consenting parent shall so acknowledge the delivery and the date of
the delivery in writing on the consent.

(d) The adoptive parent may commence the adoption proceeding in a
court of competent jurisdiction other than the court named in the
consent provided that such commencement is initiated more than
forty-five days after the consent is executed. Such commencement shall
not revive, extend or toll the period for revocation of a consent
pursuant to this section.

5. For the purposes of commencing an adoption proceeding, the clerk of
a court of competent jurisdiction shall accept an adoption petition for
filing which is complete on its face and shall not require any
supplementary documentation as a condition of filing. Nothing in this
section shall compel a court to hear an adoption petition until all
documents necessary to the adoption proceeding have been filed to the
satisfaction of the court.

6. (a) A parent may revoke his consent to adoption only by giving
notice, in writing, of such revocation, no later than forty-five days
after the execution of the consent, or twenty days after the receipt of
a notice of denial, withdrawal or removal pursuant to paragraph (a) of
subdivision four of section seventeen hundred twenty-five of the
surrogate's court procedure act, whichever is later, to the court in
which the adoption proceeding has been or is to be commenced. Such
notice shall set forth the name and address of the court in which the
adoption proceeding is to be commenced, the address of the parent and
may, in addition, set forth the name and address of the attorney for the
parent.

(b) If, within forty-five days of the execution of the consent, the
court has received such notice of revocation, the court shall promptly
notify the adoptive parents and their attorney, by certified mail, of
the receipt by the court of such notice of revocation.

(i) Such notice to the adoptive parents shall set forth that if within
fifteen days from the date of such notice the court has not received
from the adoptive parents or their attorneys notice, in writing, of
their intention to oppose such revocation by the parents, the adoption
proceeding will be dismissed and that, in case of such dismissal, the
court will send to the parents, the adoptive parents and their
respective attorneys the notice of dismissal, as provided in paragraph
(c) of this subdivision.

(ii) Such notice to the adoptive parents shall further set forth that
if, within fifteen days from the date of such notice, the court shall
receive from the adoptive parents notice, in writing, of their intention
to oppose such revocation by the parents, the court will, upon notice to
the parents, the adoptive parents and their respective attorneys,
proceed, as provided in paragraph (d) of this subdivision, to a
determination of whether such notice of revocation by the parents shall
be given force and effect and to a determination of what disposition
shall be made of the custody of the child.

(c) If the adoption proceeding is dismissed pursuant to the provisions
of paragraph (b) of this subdivision,

(i) Written notice of such dismissal shall forthwith be sent to the
parent, the adoptive parents and their respective attorneys.

(ii) Such notice of dismissal shall set forth the name and address of
the parent, the name and address of the attorney for the parent, if any,
the name and address of the attorney for the adoptive parents.

(iii) Such notice of dismissal shall further set forth that if the
child is not returned to the custody of the parent within ten days from
the date of such notice of dismissal, the court will forthwith upon
request, in writing, by the parent or by the attorney for the parent,
furnish to said parent or attorney so requesting, the names and address
of the adoptive parents.

(iv) Such notice of dismissal shall further state that, in the event
the custody of the child is not returned to the parent by the adoptive
parents upon request therefor, a proceeding to obtain custody may be
instituted by the parent in the Supreme Court or the Family Court.

(d) If, pursuant to the provisions of paragraph (b) of this
subdivision, the adoptive parents give timely and proper notice of their
intention to oppose the revocation of the parent's consent:

(i) The court shall promptly notify, in writing, the parent, the
adoptive parents, their respective attorneys, and the attorney for the
child appointed pursuant to section two hundred forty-nine of the family
court act or a guardian ad litem appointed pursuant to section four
hundred three-a of the surrogate's court procedure act, that the court
will, upon the date specified in such notice by the court, or as soon
thereafter as the parties may be heard pursuant to this paragraph, hear
and determine whether revocation of the consent of the parent was timely
and properly given and whether the adoptive parent's notice of intent to
oppose such revocation was timely and properly given and if necessary,
hear and determine what disposition should be made with respect to the
custody of the child.

(ii) The court shall, upon the date specified, take proof as to
whether the best interests of the child will be served by returning
custody of the child to the parents, or by the adoption of the child by
the adoptive parents, or by placement of the child with an authorized
agency for foster care with or without authority to consent to the
adoption of the child, or by other disposition of the custody of the
child.

(iii) If the court determines that the best interests of the child
will be served by returning custody of the child to the parent or by
placement of the child with an authorized agency or by disposition other
than adoption by the adoptive parents, the revocation of consent shall
be given force and effect and the court shall make such disposition of
the custody of the child as will best serve the interests of the child.

(iv) If the court determines that the best interests of the child will
be served by adoption of the child by the adoptive parents, the court
shall enter an order denying any force or effect to the notice of
revocation of consent and shall dispose of the custody of the child as
if no such notice of revocation had been given by the parent.

(v) In such proceeding the parent or parents who consented to such
adoption shall have no right to the custody of the child superior to
that of the adoptive parents, notwithstanding that the parent or parents
who consented to the adoption are fit, competent and able to duly
maintain, support and educate the child. The custody of such child shall
be awarded solely on the basis of the best interests of the child, and
there shall be no presumption that such interests will be promoted by
any particular custodial disposition.

7. Nothing contained in this section shall limit or affect the power
and authority of the court in an adoption proceeding, pursuant to the
provisions of section one hundred sixteen of this title, to remove the
child from the home of the adoptive parents, upon the ground that the
welfare of the child requires such action, and thereupon to return the
child to a birth parent or place the child with an authorized agency,
or, in the case of a surrogate, transfer the child to the family court;
nor shall this section bar actions or proceedings brought on the ground
of fraud, duress or coercion in the execution or inducement of an
adoption consent.

8. Notwithstanding any other provision of this section, a parent
having custody of a child whose adoption is sought by his or her spouse
need only consent that his or her child be adopted by a named stepfather
or stepmother.

9. Any consent to adoption subject to the provisions of this section
shall include an adoption information registry birth parent registration
consent form, stating whether or not such biological parent or parents
whose consent is subject to the provisions of this section, consents to
the receipt of identifying information by the child to be adopted upon
registration with the adoption information registry established by
section forty-one hundred thirty-eight-c of the public health law and
upon the adoptee reaching the age of eighteen. If such consent is made,
it shall be revocable by either of the biological parents at any time.
The revocation of the consent by one of the parents shall revoke the
consent of both parents. The failure of a biological parent to complete
the consent form shall have no effect on the finality of the consent to
adoption. A copy of the form required by this subdivision, shall be
forwarded to the state adoption information registry for inclusion in
the records maintained by such registry. Any fees authorized to be
charged by the state adoption registry for filing documentation with
such registry shall be waived for the form required by this subdivision.