§ 384-c. Notice in certain proceedings to fathers of children born
out-of-wedlock. 1. Notwithstanding any inconsistent provision 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 proceeding initiated
pursuant to sections three hundred fifty-eight-a and three hundred
eighty-four of this title, involving a child born out-of-wedlock.
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 this chapter;

(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 this chapter;

(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 or at the time the child
was placed in the care of an authorized agency, 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; 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 of the domestic
relations law. The sole purpose of notice under this section shall be to
enable the person served pursuant to subdivision two of this section 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, 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 this chapter.

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 transfer or commitment of the child's care,
custody or guardianship or in the child's adoption in this or any
subsequent proceeding in which such care, custody or guardianship or
adoption may be at issue.

7. No order of the court in any proceeding pursuant to section three
hundred fifty-eight-a or three hundred eighty-four of this title or in
any subsequent proceeding involving the child's custody, guardianship or
adoption 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 of this section. Nor shall any order of the court in
any proceeding involving the child's custody, guardianship or 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 in which the court determined that the transfer or
commitment of the child's care, custody or guardianship to an authorized
agency was in the child's best interests.