Bill Text: NY S07585 | 2011-2012 | General Assembly | Introduced
Bill Title: Relates to agreements between parents executing a judicial surrender prescribing contact between the child and his or her biological siblings.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-06-05 - REFERRED TO RULES [S07585 Detail]
Download: New_York-2011-S07585-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
7585
I N S E N A T E
June 5, 2012
___________
Introduced by Sen. GALLIVAN -- (at request of the Office of Court Admin-
istration) -- read twice and ordered printed, and when printed to be
committed to the Committee on Rules
AN ACT to amend the domestic relations law, the family court act and the
social services law, in relation to conditional surrenders of parental
rights in family and surrogate's court
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivisions 1 and 2 of section 112-b of the domestic
2 relations law, subdivision 1 as added by section 63 of part A of chapter
3 3 of the laws of 2005 and subdivision 2 as amended by chapter 41 of the
4 laws of 2010, are amended to read as follows:
5 1. Nothing in this section shall be construed to prohibit the parties
6 to a proceeding under this chapter from entering into an agreement
7 regarding communication with or contact between an adoptive child, adop-
8 tive parent or parents and a birth parent or parents and/or the adoptive
9 child's biological siblings or half-siblings, PROVIDED, HOWEVER, THAT
10 SUCH AN AGREEMENT SHALL NOT BE LEGALLY ENFORCEABLE UNLESS THE TERMS OF
11 THE AGREEMENT HAVE BEEN INCORPORATED INTO A WRITTEN ORDER THAT HAS BEEN
12 APPROVED AND ENTERED BY THE COURT IN ACCORDANCE WITH SUBDIVISION TWO OF
13 THIS SECTION.
14 2. Agreements regarding communication or contact between an adoptive
15 child, adoptive parent or parents, and a birth parent or parents and/or
16 biological siblings or half-siblings of an adoptive child IN AN ADOPTION
17 FROM AN AUTHORIZED AGENCY shall not be legally enforceable unless the
18 terms of the agreement are incorporated into a written court order
19 entered in accordance with the provisions of this section. AN AGREEMENT
20 FOR CONTACT OR COMMUNICATION BETWEEN THE CHILD AND HIS OR HER SIBLINGS
21 OR HALF-SIBLINGS WHERE THE CHILD AND/OR SIBLINGS OR HALF-SIBLINGS ARE
22 FOURTEEN YEARS OF AGE OR OLDER SHALL NOT BE ENFORCEABLE UNLESS SUCH
23 CHILD, SIBLING OR HALF-SIBLING CONSENTS TO THE AGREEMENT IN WRITING. The
24 court shall not incorporate an agreement regarding communication or
25 contact into an order unless the terms and conditions of the agreement
26 have been set forth in writing and consented to in writing by the
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15859-01-2
S. 7585 2
1 parties to the agreement, including the attorney representing the adop-
2 tive child. The court shall not enter a proposed order unless the court
3 IN WHICH THE SURRENDER WAS EXECUTED OR, WITH RESPECT TO EXTRA-JUDICIAL
4 SURRENDERS EXECUTED BEFORE JANUARY FIRST, TWO THOUSAND THIRTEEN, THE
5 COURT that approved the surrender of the child determined and stated in
6 its order that the communication with or contact between the adoptive
7 child, the prospective adoptive parent or parents and a birth parent or
8 parents and/or biological siblings or half-siblings, as agreed upon and
9 as set forth in the agreement, would be in the adoptive child's best
10 interests. Notwithstanding any other provision of law, a copy of the
11 order entered pursuant to this section incorporating the post-adoption
12 contact agreement shall be given to all parties who have agreed to the
13 terms and conditions of such order.
14 S 2. Paragraph (iv) of subdivision (a) of section 262 of the family
15 court act, as amended by chapter 437 of the laws of 2006, is amended to
16 read as follows:
17 (iv) the parent, foster parent, or other person having physical or
18 legal custody of the child in any proceeding under article ten or ten-A
19 of this act or section three hundred fifty-eight-a, THREE HUNDRED EIGHT-
20 Y-THREE-C, three hundred eighty-four or three hundred eighty-four-b of
21 the social services law, and a non-custodial parent or grandparent
22 served with notice pursuant to paragraph (e) of subdivision two of
23 section three hundred eighty-four-a of the social services law;
24 S 2-a. Paragraph (iv) of subdivision (a) of section 262 of the family
25 court act, as amended by chapter 3 of the laws of 2012, is amended to
26 read as follows:
27 (iv) the parent or person legally responsible, foster parent, or other
28 person having physical or legal custody of the child in any proceeding
29 under article ten or ten-A of this act or section three hundred fifty-
30 eight-a, THREE HUNDRED EIGHTY-THREE-C, three hundred eighty-four or
31 three hundred eighty-four-b of the social services law, and a non-custo-
32 dial parent or grandparent served with notice pursuant to paragraph (e)
33 of subdivision two of section three hundred eighty-four-a of the social
34 services law;
35 S 3. Subdivision 2 of section 383-c of the social services law is
36 amended by adding a new paragraph (c) to read as follows:
37 (C) WHERE THE PARENT EXECUTING A JUDICIAL SURRENDER ENTERS INTO AN
38 AGREEMENT CONTAINING CONDITIONS, INCLUDING, BUT NOT LIMITED TO, IDENTI-
39 FYING THE PROSPECTIVE ADOPTIVE PARENT OR PARENTS OR PRESCRIBING COMMUNI-
40 CATION OR CONTACT WITH THE CHILD AND THE ADOPTIVE PARENT OR PARENTS
41 AND/OR BETWEEN THE CHILD AND HIS OR HER BIOLOGICAL SIBLINGS OR HALF-SI-
42 BLINGS FOLLOWING THE SURRENDER AND ADOPTION OF THE CHILD, THE AGREEMENT
43 SHALL NOT BE LEGALLY ENFORCEABLE UNLESS:
44 (I) FOR SURRENDERS EXECUTED ON OR AFTER JANUARY FIRST, TWO THOUSAND
45 THIRTEEN, THE SURRENDER IS EXECUTED BEFORE A JUDGE;
46 (II) THE TERMS OF THE AGREEMENT ARE APPROVED BY THE COURT AND INCORPO-
47 RATED INTO A WRITTEN COURT ORDER ENTERED IN ACCORDANCE WITH THE
48 PROVISIONS OF THIS SUBDIVISION;
49 (III) THE TERMS AND CONDITIONS OF THE AGREEMENT HAVE BEEN SET FORTH IN
50 WRITING AND CONSENTED TO IN WRITING BY THE PARTIES TO THE AGREEMENT,
51 INCLUDING THE ATTORNEY REPRESENTING THE CHILD;
52 (IV) THE COURT DETERMINED AND STATED IN ITS ORDER THAT THE TERMS AND
53 CONDITIONS AS AGREED UPON AND AS SET FORTH IN THE AGREEMENT WOULD BE IN
54 THE CHILD'S BEST INTERESTS;
55 (V) IN THE CASE OF AN AGREEMENT FOR CONTACT OR COMMUNICATION BETWEEN
56 THE CHILD AND HIS OR HER SIBLINGS OR HALF-SIBLINGS WHERE THE CHILD
S. 7585 3
1 AND/OR SIBLINGS OR HALF-SIBLINGS ARE FOURTEEN YEARS OF AGE OR OLDER, THE
2 CHILD AND SIBLING OR HALF-SIBLING CONSENTS TO THE AGREEMENT IN WRITING.
3 THE WRITTEN ORDER APPROVING THE AGREEMENT SHALL BE ISSUED AT THE TIME
4 THE PARENT EXECUTES A JUDICIAL SURRENDER OR, WITH RESPECT TO EXTRA-JUDI-
5 CIAL SURRENDERS EXECUTED BEFORE JANUARY FIRST, TWO THOUSAND THIRTEEN, AT
6 THE TIME THE COURT APPROVES THE SURRENDER. NOTWITHSTANDING ANY OTHER
7 PROVISION OF LAW, A COPY OF THE ORDER ENTERED PURSUANT TO THIS SECTION
8 INCORPORATING THE POST-SURRENDER AND POST-ADOPTION CONTACT AGREEMENT
9 SHALL BE GIVEN TO ALL PARTIES WHO HAVE AGREED TO THE TERMS AND CONDI-
10 TIONS OF SUCH ORDER.
11 S 4. Subparagraph (iii) of paragraph (b) of subdivision 4 of section
12 383-c of the social services law, as amended by chapter 76 of the laws
13 of 2002, is amended and a new paragraph (g) is added to read as follows:
14 (iii) that the surrender was read in full to the parent in his or her
15 principal language and the parent was given an opportunity to ask ques-
16 tions and obtain answers regarding the nature and consequences of the
17 surrender, including, WITH RESPECT TO SURRENDERS EXECUTED BEFORE JANUARY
18 FIRST, TWO THOUSAND THIRTEEN, the consequences of, and procedures to be
19 followed in, cases of a substantial failure of a material condition, if
20 any, contained in the surrender instrument and the obligation to provide
21 the authorized agency with a designated mailing address, as well as any
22 subsequent changes in such address, at which the parent may receive
23 notices regarding any substantial failure of a material condition,
24 unless such notification is expressly waived by a statement written by
25 the parent and appended to or included in such instrument; and
26 (G) AN EXTRA-JUDICIAL SURRENDER MAY NOT BE EXECUTED ON OR AFTER JANU-
27 ARY FIRST, TWO THOUSAND THIRTEEN IN ANY CASE IN WHICH ANY AGREEMENT
28 CONTAINING CONDITIONS IS MADE WITH THE SURRENDERING PARENT OR PARENTS,
29 INCLUDING, BUT NOT LIMITED TO, AN AGREEMENT IDENTIFYING THE PROSPECTIVE
30 ADOPTIVE PARENT OR PARENTS OR PRESCRIBING COMMUNICATION OR CONTACT BY
31 THE SURRENDERING PARENT OR PARENTS WITH THE CHILD AND THE ADOPTIVE
32 PARENT OR PARENTS AND/OR BETWEEN THE CHILD AND HIS OR HER BIOLOGICAL
33 SIBLINGS OR HALF-SIBLINGS FOLLOWING THE CHILD'S SURRENDER AND ADOPTION.
34 ANY SUCH AGREEMENT IS ONLY LEGALLY ENFORCEABLE IF APPROVED BY THE COURT
35 AND INCORPORATED INTO A WRITTEN COURT ORDER ENTERED IN CONJUNCTION WITH
36 THE EXECUTION OF A JUDICIAL SURRENDER PURSUANT TO PARAGRAPH (C) OF
37 SUBDIVISION TWO OF THIS SECTION.
38 S 5. Subparagraphs (ii) and (iii) of paragraph (b), the opening para-
39 graph of paragraph (c) and the opening paragraph of subparagraph (iii)
40 of paragraph (d) of subdivision 5 of section 383-c of the social
41 services law, subparagraph (ii) of paragraph (b) as amended by chapter
42 601 of the laws of 1994, subparagraph (iii) of paragraph (b) as added by
43 chapter 479 of the laws of 1990, the opening paragraph of paragraph (c)
44 as amended by section 43 of part A of chapter 3 of the laws of 2005 and
45 the opening paragraph of subparagraph (iii) of paragraph (d) as amended
46 by chapter 76 of the laws of 2002, are amended to read as follows:
47 (ii) that the parent is giving up all rights to have custody, visit
48 with, speak with, write to or learn about the child, forever, unless,
49 WITH RESPECT TO AN EXTRA-JUDICIAL SURRENDER EXECUTED BEFORE JANUARY
50 FIRST, TWO THOUSAND THIRTEEN OR A JUDICIAL SURRENDER, the parties have
51 agreed to different terms pursuant to subdivision two of this section[,]
52 and unless such terms are written in the surrender, or, if the parent
53 registers with the adoption information register, as specified in
54 section forty-one hundred thirty-eight-d of the public health law, that
55 the parent may be contacted at anytime after the child reaches the age
S. 7585 4
1 of eighteen years, but only if both the parent and the adult child so
2 choose;
3 (iii) that the child will be adopted without the parent's consent and
4 without further notice to the parent, and will be adopted by any person
5 that the agency chooses, unless, WITH RESPECT TO AN EXTRA-JUDICIAL
6 SURRENDER EXECUTED BEFORE JANUARY FIRST, TWO THOUSAND THIRTEEN OR A
7 JUDICIAL SURRENDER, the surrender paper contains the name of the person
8 or persons who will be adopting the child; and
9 A surrender instrument for a judicial surrender also shall state in
10 plain language in conspicuous bold print at the beginning thereof that
11 the surrender becomes final and irrevocable immediately upon execution
12 and acknowledgement, and that the parent cannot bring a case in court to
13 revoke the surrender or to regain custody of the child. [Where] WITH
14 RESPECT TO AN EXTRA-JUDICIAL SURRENDER EXECUTED BEFORE JANUARY FIRST,
15 TWO THOUSAND THIRTEEN OR A JUDICIAL SURRENDER, WHERE the parties have
16 agreed that the surrender shall be subject to conditions pursuant to
17 subdivision two of this section, the instrument shall further state in
18 plain language that:
19 that a revocation of the surrender more than forty-five days after its
20 signing will not be effective if the child has been placed in an adop-
21 tive home, and the surrender shall be final and irrevocable and the
22 parent cannot revoke the surrender or bring a case in court to revoke
23 the surrender or regain custody of the child, and that the agency will
24 not notify the parent when the child is placed in an adoptive home, and
25 the parent may lose all rights at the end of the forty-five day period
26 without further notice. [Where] WITH RESPECT TO A SURRENDER EXECUTED
27 BEFORE JANUARY FIRST, TWO THOUSAND THIRTEEN, WHERE the parties have
28 agreed that the surrender shall be subject to conditions pursuant to
29 subdivision two of this section, the instrument shall further state in
30 plain language that:
31 S 6. Subdivision 7 of section 383-c of the social services law, as
32 added by chapter 479 of the laws of 1990, is amended to read as follows:
33 7. Surrenders by persons in foster care AND SURRENDERS EXECUTED ON OR
34 AFTER JANUARY FIRST, TWO THOUSAND THIRTEEN IN WHICH AN AGREEMENT
35 CONTAINING CONDITION HAS BEEN MADE. Notwithstanding any other provision
36 of law, a surrender for adoption executed by a parent, parents or guard-
37 ian who is in foster care AND A SURRENDER EXECUTED ON OR AFTER JANUARY
38 FIRST, TWO THOUSAND THIRTEEN CONTAINING CONDITIONS shall be executed
39 only before a judge of the family court.
40 S 7. Paragraph (b) of subdivision 2 of section 384 of the social
41 services law, as amended by chapter 41 of the laws of 2010, is amended
42 to read as follows:
43 (b) If a surrender instrument designates a particular person or
44 persons who will adopt a child, such person or persons, the child's
45 birth parent or parents, the authorized agency having care and custody
46 of the child and the child's attorney, may enter into a written agree-
47 ment providing for communication or contact between the child and the
48 child's parent or parents on such terms and conditions as may be agreed
49 to by the parties.
50 If a surrender instrument does not designate a particular person or
51 persons who will adopt the child, then the child's birth parent or
52 parents, the authorized agency having care and custody of the child and
53 the child's attorney may enter into a written agreement providing for
54 communication or contact, on such terms and conditions as may be agreed
55 to by the parties. Such agreement also may provide terms and conditions
56 for communication with or contact between the child and the child's
S. 7585 5
1 biological sibling or half-sibling, if any. If THE CHILD OR any such
2 sibling or half-sibling is fourteen years of age or older, [such terms
3 and conditions] AN AGREEMENT FOR CONTACT OR COMMUNICATION BETWEEN THE
4 CHILD AND HIS OR HER SIBLINGS OR HALF-SIBLINGS shall not be enforceable
5 unless such CHILD, sibling or half-sibling consents to the agreement in
6 writing. ANY PROVISION IN A SURRENDER INSTRUMENT IDENTIFYING A PROSPEC-
7 TIVE ADOPTIVE PARENT OR PARENTS OR ANY AGREEMENT UNDER THIS SECTION
8 CONTAINING ANY CONDITIONS, INCLUDING, BUT NOT LIMITED TO, IDENTIFYING
9 THE PROSPECTIVE ADOPTIVE PARENT OR PARENTS OR PRESCRIBING COMMUNICATION
10 OR CONTACT SHALL NOT BE LEGALLY ENFORCEABLE UNLESS THE TERMS AND CONDI-
11 TIONS ARE APPROVED BY THE COURT AND INCORPORATED INTO A WRITTEN COURT
12 ORDER ENTERED IN ACCORDANCE WITH THE PROVISIONS OF THIS PARAGRAPH AND,
13 WITH RESPECT TO SURRENDERS EXECUTED ON OR AFTER JANUARY FIRST, TWO THOU-
14 SAND THIRTEEN, UNLESS THE SURRENDER IS EXECUTED BEFORE A JUDGE. THE
15 COURT SHALL NOT INCORPORATE AN AGREEMENT UNDER THIS SECTION INTO AN
16 ORDER UNLESS THE TERMS AND CONDITIONS OF THE AGREEMENT HAVE BEEN SET
17 FORTH IN WRITING AND CONSENTED TO IN WRITING BY THE PARTIES TO THE
18 AGREEMENT, INCLUDING THE ATTORNEY REPRESENTING THE CHILD. If the court
19 before which the surrender instrument is presented for EXECUTION OR, IF,
20 WITH RESPECT TO AN EXTRA-JUDICIAL SURRENDER EXECUTED BEFORE JANUARY
21 FIRST, TWO THOUSAND THIRTEEN, approval, determines that the agreement
22 [concerning communication and contact] is in the child's best interests,
23 the court shall SO STATE IN ITS ORDER AND SHALL approve the agreement.
24 NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A COPY OF THE ORDER ENTERED
25 PURSUANT TO THIS SECTION INCORPORATING THE AGREEMENT SHALL BE GIVEN TO
26 ALL PARTIES WHO HAVE AGREED TO THE TERMS AND CONDITIONS OF SUCH ORDER.
27 If the court does not approve the agreement, the court may nonetheless
28 approve the surrender; provided, however, that the birth parent or
29 parents executing the surrender instrument shall be given the opportu-
30 nity at that time to withdraw such instrument. Enforcement of any agree-
31 ment prior to the adoption of the child shall be in accordance with
32 subdivision (b) of section one thousand fifty-five-a of the family court
33 act. Subsequent to the adoption of the child, enforcement of any agree-
34 ment shall be in accordance with section one hundred twelve-b of the
35 domestic relations law.
36 S 8. Subdivision 3 of section 384 of the social services law, as
37 amended by chapter 479 of the laws of 1990, the opening paragraph as
38 amended by chapter 185 of the laws of 2006, the fifth undesignated para-
39 graph as added by chapter 680 of the laws of 2007, the sixth undesig-
40 nated paragraph and the closing paragraph as added by chapter 76 of the
41 laws of 2002 and subparagraphs (i) and (ii) of the sixth undesignated
42 paragraph as amended by chapter 41 of the laws of 2010, is amended to
43 read as follows:
44 3. Instrument AND INTERVENTION. (A) The instrument herein provided
45 shall be executed and acknowledged [(a)] (I) before any judge or surro-
46 gate in this state having jurisdiction over adoption proceedings, except
47 that if the child is being surrendered as a result of, or in connection
48 with, a proceeding before the family court pursuant to article ten or
49 ten-A of the family court act, the instrument shall be executed and
50 acknowledged in the family court that exercised jurisdiction over such
51 proceeding and shall be assigned, wherever practicable, to the judge who
52 last presided over such proceeding; or [(b)] (II) in the presence of one
53 or more witnesses and acknowledged by such witness or witnesses, in the
54 latter case before a notary public or other officer authorized to take
55 proof of deeds, and shall be recorded in the office of the county clerk
56 in the county where such instrument is executed, or where the principal
S. 7585 6
1 office of such authorized agency is located, in a book which such county
2 clerk shall provide and shall keep under seal.
3 (B) Such record shall be subject to inspection and examination only as
4 provided in subdivisions three and four of section three hundred seven-
5 ty-two of this title.
6 (C) Notwithstanding any other provision of law, if the parent surren-
7 dering the child for adoption is in foster care OR IF THE SURRENDER IS
8 EXECUTED ON OR AFTER JANUARY FIRST, TWO THOUSAND THIRTEEN AND CONTAINS
9 CONDITIONS, the instrument shall be executed before a judge of the fami-
10 ly court.
11 (D) Whenever the term surrender or surrender instrument is used in any
12 law relating to the adoption of children who are not in foster care, it
13 shall mean and refer exclusively to the instrument [hereinabove]
14 described IN THIS SUBDIVISION for the commitment of the guardianship of
15 the person and the custody of a child to an authorized agency by his OR
16 HER parents, parent or guardian; and in no case shall it be deemed to
17 apply to any instrument purporting to commit the guardianship of the
18 person and the custody of a child to any person other than an authorized
19 agency, nor shall such term or the provisions of this section be deemed
20 to apply to any instrument transferring the care and custody of a child
21 to an authorized agency pursuant to section three hundred eighty-four-a
22 of this [chapter] TITLE.
23 (E) (I) Any person or persons having custody of a child for the
24 purpose of adoption through an authorized agency shall be permitted as a
25 matter of right, as an interested party, to intervene in any proceeding
26 commenced to set aside a surrender purporting to commit a guardianship
27 of the person or custody of a child executed under the provisions of
28 this section. Such intervention may be made anonymously or in the true
29 name of said person.
30 (II) Any person or persons having custody for more than twelve months
31 through an authorized agency for the purpose of foster care shall be
32 permitted as a matter of right, as an interested party, to intervene in
33 any proceeding commenced to set aside a surrender purporting to commit
34 the guardianship of the person and custody of a child executed under the
35 provisions of this section. Such intervention may be made anonymously or
36 in the true name of said person or persons having custody of the child
37 for the purpose of foster care.
38 (F) A copy of such surrender shall be given to [such] THE surrendering
39 parent upon the execution thereof. The surrender shall include the
40 following statement: "I, (name of surrendering parent), this ___ day of
41 __________, _____, have received a copy of this surrender. (Signature of
42 surrendering parent)". Such surrendering parent shall so acknowledge the
43 delivery and the date of the delivery in writing on the surrender.
44 [Where] (G) WITH RESPECT TO AN EXTRA-JUDICIAL SURRENDER EXECUTED
45 BEFORE JANUARY FIRST, TWO THOUSAND THIRTEEN OR A JUDICIAL SURRENDER,
46 WHERE the parties have agreed that the surrender shall be subject to
47 conditions pursuant to subdivision two of this section, the instrument
48 shall further state in plain language that:
49 (i) the authorized agency shall notify the parent, unless such notice
50 is expressly waived by a statement written by the parent and appended to
51 or included in such instrument, the attorney for the child and the court
52 that approved the surrender within twenty days of any substantial fail-
53 ure of a material condition of the surrender prior to the finalization
54 of the adoption of the child; and
55 (ii) except for good cause shown, the authorized agency shall file a
56 petition on notice to the parent unless notice is expressly waived by a
S. 7585 7
1 statement written by the parent and appended to or included in such
2 instrument and the child's attorney in accordance with section one thou-
3 sand fifty-five-a of the family court act within thirty days of such
4 failure, in order for the court to review such failure and, where neces-
5 sary, to hold a hearing; provided, however, that, in the absence of such
6 filing, the parent and/or attorney for the child may file such a peti-
7 tion at any time up to sixty days after notification of such failure.
8 Such petition filed by a parent or attorney for the child must be filed
9 prior to the child's adoption; and
10 (iii) the parent is obligated to provide the authorized agency with a
11 designated mailing address, as well as any subsequent changes in such
12 address, at which the parent may receive notices regarding any substan-
13 tial failure of a material condition, unless such notification is
14 expressly waived by a statement written by the parent and appended to or
15 included in such instrument.
16 Nothing in this paragraph shall limit the notice on the instrument
17 with respect to a failure to comply with a material condition of a
18 surrender subsequent to the finalization of the adoption of the child.
19 S 9. Subdivision 4 of section 384 of the social services law, as
20 amended by chapter 185 of the laws of 2006, is amended to read as
21 follows:
22 4. Upon petition by an authorized agency, a judge of the family court,
23 or a surrogate, may approve such surrender, on such notice to such
24 persons as the surrogate or judge may in his or her discretion
25 prescribe. If the child is being surrendered as a result of, or in
26 connection with, a proceeding before the family court pursuant to arti-
27 cle ten or ten-A of the family court act, the petition shall be filed in
28 the family court that exercised jurisdiction over such proceeding and
29 shall be assigned, wherever practicable, to the judge who last presided
30 over such proceeding. The petition shall set forth the names and last
31 known addresses of all persons required to be given notice of the
32 proceeding, pursuant to section three hundred eighty-four-c of this
33 title, and there shall be shown by the petition or by affidavit or other
34 proof satisfactory to the court that there are no persons other than
35 those set forth in the petition who are entitled to notice pursuant to
36 such section. AT THE TIME THAT A PARENT APPEARS BEFORE A JUDGE OR
37 SURROGATE TO EXECUTE AND ACKNOWLEDGE A SURRENDER OR FOR THE JUDGE TO
38 APPROVE THE SURRENDER, THE JUDGE OR SURROGATE SHALL INFORM SUCH PARENT
39 OF THE RIGHT TO BE REPRESENTED BY LEGAL COUNSEL OF THE PARENT'S OWN
40 CHOOSING AND OF THE RIGHT TO OBTAIN SUPPORTIVE COUNSELING AND OF ANY
41 RIGHT TO HAVE COUNSEL ASSIGNED PURSUANT TO SECTION TWO HUNDRED SIXTY-TWO
42 OF THE FAMILY COURT ACT, SECTION FOUR HUNDRED SEVEN OF THE SURROGATE'S
43 COURT PROCEDURE ACT, OR SECTION THIRTY-FIVE OF THE JUDICIARY LAW. No
44 person who has received such notice and been afforded an opportunity to
45 be heard may challenge the validity of a surrender approved pursuant to
46 this subdivision in any other proceeding. However, this subdivision
47 shall not be deemed to require approval of a surrender by a surrogate or
48 judge for such surrender to be valid.
49 S 10. This act shall take effect on the first of January after it
50 shall have become a law; provided that section two-a of this act shall
51 take effect on the same date and in the same manner as section 3 of
52 chapter 3 of the laws of 2012, takes effect.
