N.Y. Comp. Codes R. & Regs. tit. 22 § 205.48

Current through Register Vol. 46, No. 50, December 11, 2024

Section 205.48 - Judicial and extra-judicial surrenders; required papers and putative father determination

(a) In addition to the judicial or extra-judicial surrender instrument and, if applicable, the post-adoption contact agreement and petition for approval of an extra-judicial surrender, the petitioner shall submit a copy of the child's birth certificate adoption information registry birth parent registration consent form as required by sections 383-c and 384 of the Social Services Law and subdivision 10 of section 4138-c of the Public Health Law.

(b) Where the surrender is by the birth mother:

(1) The petitioner shall also submit:

(i) the response from the putative father registry that is current within 60 days prior to the filing of the surrender proceeding;

(ii) a sworn written statement, if any, by the mother naming the father; and

(iii) a sworn written statement by the caseworker setting forth information regarding any putative father whose consent to adopt is required by section 111 of the Domestic Relations Law or who is entitled to notice of an adoption pursuant to section 111-a of the Domestic Relations Law.

(2) Where a determination has not yet been made by the court regarding any putative father whose consent to adopt is required or who is entitled to notice of an adoption, the proceeding shall be referred to the Family Court judge on the date of filing or the next court date for a determination regarding who must be notified of the surrender proceeding. Except for good cause shown or unless the putative father has previously defaulted in a termination of parental rights proceeding regarding the child, the surrender proceeding shall not be scheduled for execution of a judicial surrender or approval of an extra-judicial surrender, as applicable, until a determination regarding required notices and consents have been made by the court.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 205.48