Bill Text: NY S03898 | 2013-2014 | General Assembly | Introduced

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Bill Title: Eliminates the requirement for parental consent to an adoption when one parent has an order of protection against him or her for the protection of the other parent, a person in lawful custody of the child or the child.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2014-01-08 - REFERRED TO CHILDREN AND FAMILIES [S03898 Detail]

Download: New_York-2013-S03898-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3898
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                   February 26, 2013
                                      ___________
       Introduced  by  Sen.  YOUNG  -- read twice and ordered printed, and when
         printed to be committed to the Committee on Children and Families
       AN ACT to amend the domestic relations law, in relation  to  eliminating
         the  requirement  of a parent to consent to the adoption of his or her
         child when such parent has had an order of protection  issued  against
         him  or  her  for  the protection of the other parent, a person having
         lawful custody of such child or the child
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Paragraph (e) of subdivision 2 of section 111 of the domes-
    2  tic  relations  law,  as  amended by chapter 375 of the laws of 1997, is
    3  amended and a new paragraph (f) is added to read as follows:
    4    (e) who has executed an instrument, which shall be irrevocable,  deny-
    5  ing  the  paternity  of  the child, such instrument having been executed
    6  after conception and acknowledged or proved in the  manner  required  to
    7  permit the recording of a deed[.]; OR
    8    (F) WHO, WHETHER AN ADULT OR CHILD:
    9    (I) IS THE PARENT OF THE CHILD; AND
   10    (II)  IS  THE SPOUSE OR FORMER SPOUSE OF THE OTHER PARENT OF THE CHILD
   11  CONCEIVED OR BORN IN WEDLOCK; AND
   12    (III) HAS HAD AN ORDER OF PROTECTION ISSUED AGAINST HIM OR HER FOR THE
   13  PROTECTION OF THE OTHER PARENT, A PERSON HAVING LAWFUL CUSTODY  OF  SUCH
   14  CHILD  OR  THE CHILD, WHICH IS IN EFFECT AT THE TIME OF THE PLACEMENT OF
   15  THE CHILD OR AT ANY TIME DURING THE  SIX  MONTH  PERIOD  PRECEDING  SUCH
   16  PLACEMENT.
   17    S 2. This act shall take effect on the one hundred eightieth day after
   18  it shall have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09048-01-3