§ 111-A — Notice in certain proceedings to fathers of children born out-of-wedlock

§ 111-a. Notice in certain proceedings to fathers of children born\nout-of-wedlock. 1. Notwithstanding any inconsistent provisions of this\nor any other law, and in addition to the notice requirements of any law\npertaining to persons other than those specified in subdivision two of\nthis section, notice as provided herein shall be given to the persons\nspecified in subdivision two of this section of any adoption proceeding\ninitiated pursuant to this article or of any proceeding initiated\npursuant to section one hundred fifteen-b of this article relating to\nthe revocation of an adoption consent, when such proceeding involves a\nchild born out-of-wedlock provided, however, that such notice shall not\nbe required to be given: (a) in the case of the adoption of a child\ntransferred to the custody and guardianship of an authorized agency,\nfoster parent, or relative pursuant to section three hundred\neighty-four-b of the social services law or a child transferred to the\ncustody and guardianship of an authorized agency pursuant to section\nthree hundred eighty-three-c of the social services law; or (b) to any\nperson who has previously received notice of any proceeding pursuant to\nsection one hundred fifteen-b of this article. In addition to such other\nrequirements as may be applicable to the petition in any proceeding in\nwhich notice must be given pursuant to this section, the petition shall\nset forth the names and last known addresses of all persons required to\nbe given notice of the proceeding, pursuant to this section, and there\nshall be shown by the petition or by affidavit or other proof\nsatisfactory to the court that there are no persons other than those set\nforth in the petition who are entitled to notice. For the purpose of\ndetermining persons entitled to notice of adoption proceedings initiated\npursuant to this article, persons specified in subdivision two of this\nsection shall not include any person who has been convicted of one or\nmore of the following sexual offenses in this state or convicted of one\nor more offenses in another jurisdiction which, if committed in this\nstate, would constitute one or more of the following offenses, when the\nchild who is the subject of the proceeding was conceived as a result:\n(A) rape in first or second degree; (B) course of sexual conduct against\na child in the first degree; (C) predatory sexual assault; or (D)\npredatory sexual assault against a child.\n 2. Persons entitled to notice, pursuant to subdivision one of this\nsection, shall include:\n (a) any person adjudicated by a court in this state to be the father\nof the child;\n (b) any person adjudicated by a court of another state or territory of\nthe United States to be the father of the child, when a certified copy\nof the court order has been filed with the putative father registry,\npursuant to section three hundred seventy-two-c of the social services\nlaw;\n (c) any person who has timely filed an unrevoked notice of intent to\nclaim paternity of the child, pursuant to section three hundred\nseventy-two-c of the social services law;\n (d) any person who is recorded on the child's birth certificate as the\nchild's father;\n (e) any person who is openly living with the child and the child's\nmother at the time the proceeding is initiated and who is holding\nhimself out to be the child's father;\n (f) any person who has been identified as the child's father by the\nmother in written, sworn statement;\n (g) any person who was married to the child's mother within six months\nsubsequent to the birth of the child and prior to the execution of a\nsurrender instrument or the initiation of a proceeding pursuant to\nsection three hundred eighty-four-b of the social services law; and\n (h) any person who has filed with the putative father registry an\ninstrument acknowledging paternity of the child, pursuant to section\n4-1.2 of the estates, powers and trusts law.\n 3. The provisions of this section shall not apply to persons entitled\nto notice pursuant to section one hundred eleven.\n The sole purpose of notice under this section shall be to enable the\nperson served pursuant to subdivision two to present evidence to the\ncourt relevant to the best interests of the child.\n 4. Notice under this section shall be given at least twenty days prior\nto the proceeding by delivery of a copy of the petition and notice to\nthe person. Upon a showing to the court, by affidavit or otherwise, on\nor before the date of the proceeding or within such further time as the\ncourt may allow, that personal service cannot be effected at the\nperson's last known address with reasonable effort, notice may be given,\nwithout prior court order therefor, at least twenty days prior to the\nproceeding by registered or certified mail directed to the person's last\nknown address or, where the person has filed a notice of intent to claim\npaternity pursuant to section three hundred seventy-two-c of the social\nservices law, to the address last entered therein. Notice by publication\nshall not be required to be given to a person entitled to notice\npursuant to the provisions of this section.\n 5. A person may waive his right to notice under this section by\nwritten instrument subscribed by him and acknowledged or proved in the\nmanner required for the execution of a surrender instrument pursuant to\nsection three hundred eighty-four of the social services law.\n 6. The notice given to persons pursuant to this section shall inform\nthem of the time, date, place and purpose of the proceeding and shall\nalso apprise such persons that their failure to appear shall constitute\na denial of their interest in the child which denial may result, without\nfurther notice, in the adoption or other disposition of the custody of\nthe child.\n 7. No order of adoption and no order of the court pursuant to section\none hundred fifteen-b shall be vacated, annulled or reversed upon the\napplication of any person who was properly served with notice in\naccordance with this section but failed to appear, or who waived notice\npursuant to subdivision five. Nor shall any order of adoption be\nvacated, annulled or reversed upon the application of any person who was\nproperly served with notice in accordance with this section in any\nprevious proceeding pursuant to section one hundred fifteen-b in which\nthe court determined that the best interests of the child would be\nserved by adoption of the child by the adoptive parents.\n