§ 115-A — Special provisions relating to children to be brought into the state for private-placement adoption

§ 115-a. Special provisions relating to children to be brought into\nthe state for private-placement adoption. 1. In the case of a child\nwhose admission to the United States as an eligible orphan with\nnon-quota immigrant status pursuant to the federal immigration and\nnationality act is sought for the purpose of adoption in the state of\nNew York, the following pre-adoption requirements shall be observed: (a)\nThe adoptive parents or parent must present to a judge or surrogate\nhaving jurisdiction of adoption proceedings, in the county of residence\nof such adoptive parents or parent, a verified written application\ncontaining the information set forth in subdivision two of this section,\nin such form as the judge or surrogate may prescribe for an order of\npre-adoption investigation, to determine whether the adoption may be in\nthe best interests of the child.\n (b) The adoptive parents or parent must appear for examination before\nthe judge or surrogate of the court where the pre-adoption proceedings\nare instituted.\n (c) The application must be accompanied by duly authenticated\ndocumentary evidence: (1) that the child is a noncitizen under the age\nof sixteen and (2) that he or she is an orphan because of the death or\ndisappearance of both parents, or because of abandonment, or desertion\nby, or separation or loss from, both parents, or who has only one parent\ndue to the death or disappearance of, abandonment, or desertion by, or\nseparation or loss from the other parent, and the remaining parent is\nincapable of providing care for such orphan and has in writing\nirrevocably released him or her for emigration and adoption, and has\nconsented to the proposed adoption. In all cases where the orphan has no\nremaining parent under the circumstances set forth above, documentary\nevidence must be presented that the person, public authority or duly\nconstituted agency having lawful custody of the orphan at the time of\nthe making of the application, hereunder, has in writing irrevocably\nreleased him or her for immigration and adoption and has consented to\nthe proposed adoption and (3) that the adoptive parents agree to adopt\nand treat the adoptive child as their or his or her own lawful child.\n (d) In addition thereto such additional releases and consents as the\ncourt may in its sound discretion require.\n 2. The verified written application shall contain the following\ninformation: the names and place of residence of the adoptive parent or\nparents; whether they are of full age; whether they are married or\nunmarried and, if married, whether they are living together as husband\nand wife; the name, date and place of birth of the adoptive child as\nnearly as the same can be ascertained; the religious faith of the\nadoptive parent or parents; the religious faith of the adoptive child\nand his parents as nearly as the same can be ascertained; the medical\nhistory of the adoptive child as nearly as the same can be ascertained;\nthe occupation and approximate income of the adoptive parent or parents,\nand the name by which the adoptive child is to be known; that no\nprevious application has been made to any court or judge for the relief\nsought or if so made, the disposition of it and a statement as to\nwhether the adoptive child has been previously adopted, if such fact is\nknown to the adoptive parent or parents; the facts which establish that\nthe child is an eligible orphan who would be entitled to enter the\nUnited States with non-quota immigrant status for the purpose of\nadoption in New York state, pursuant to the provisions in the federal\nimmigration and nationality act, in such case made; the circumstances\nwhereby, and names and addresses of the intermediaries, if any, through\nwhom the adoptive parent or parents learned of the existence and\neligibility of the child and the names and addresses of the person or\npersons, public authority or duly constituted agency in the land of the\nchild's residence executing the written release of the child for\nemigration and adoption, and the consent to such adoption, the\ncircumstances under which the release and consent were obtained, insofar\nas they are known to the adoptive parent or parents.\n 2-a. The verified written application shall contain the following\ninformation: the heritage of the parents as nearly as the same can be\nascertained, which shall include nationality, ethnic background and\nrace; education, which shall be the number of years of school completed\nby the parents at the time of the birth of the adoptive child; general\nphysical appearance of the parents at the time of the birth of the\nadoptive child, which shall include height, weight, color of hair, eyes,\nskin; occupation of the parents at the time of the birth of the adoptive\nchild; health and medical history of the parents at the time of the\nbirth of the adoptive child, including all available information setting\nforth conditions or diseases believed to be hereditary, any drugs or\nmedication taken during the pregnancy by the child's mother; and any\nother information which may be a factor influencing the child's present\nor future health, talents, hobbies and special interests of parents.\n 3. Upon receiving the verified written application, required\ndocumentary evidence, agreement and consents, the judge or surrogate,\nupon finding that the applicable provisions of section one hundred\nfifteen-a have been complied with and that it appears that the proposed\nadoption may be in the best interests of the child, shall issue an order\nof pre-adoption investigation hereunder. The order of pre-adoption\ninvestigation shall require that the report of such investigation be\nmade by a disinterested person who in the opinion of the judge or\nsurrogate is qualified by training and experience, or by an authorized\nagency specifically designated by him to examine into the statements set\nforth in the application. The investigator shall make a written report\nof his investigation into the truth and accuracy of the statements in\nthe application and where applicable, into the validity of the\ndocumentary evidence, submitted with the application, and he shall\nascertain as fully as possible, and incorporate in his report the\nvarious factors which may bear upon the determination of the application\nfor adoption including, but not limited to, the following information:\n (a) the marital and family status, and history, of adoptive parents;\n (b) the physical and mental health of the adoptive parents;\n (c) the property owned by and the income of the adoptive parents;\n (d) the compensation paid or agreed upon with respect to the placement\nof the child for adoption;\n (e) whether either adoptive parent has ever been respondent in any\nproceeding concerning allegedly neglected, abandoned or delinquent\nchildren;\n (f) the desirability of bringing the child into New York state for\nprivate-placement adoption;\n (g) any other facts relating the familial, social, religious,\nemotional and financial circumstances of the adoptive parents which may\nbe relevant to a determination of suitability of the adoption.\n The written report of pre-adoption investigation shall be submitted to\nthe judge or surrogate within thirty days after the same is directed to\nbe made, unless for good cause shown the judge or surrogate shall grant\na reasonable extension of such period. The report shall be filed with\nthe judge or surrogate, in any event, before the court shall issue its\npre-adoption certificate that it appears that the adoption is in the\nbest interests of the child.\n 4. On the return of the pre-adoption investigation order the judge or\nsurrogate shall examine the written report of the pre-adoption\ninvestigation, and shall determine upon the basis of such written report\nand such further proof, if any, as he may deem necessary, whether to\nissue a pre-adoption certificate as provided for in this subdivision.\n If the court is satisfied that the adoption may be in the best\ninterests of the child, and that there has been compliance with all\nrequirements hereof and is satisfied that the moral and temporal\ninterests of the child will be promoted by the adoption, the judge or\nsurrogate shall issue an original certificate under seal of the court\nand two certified copies thereof, setting forth the fact that a\npre-adoption investigation has been conducted, and reciting the\ndocuments and papers submitted therewith and stating that in the opinion\nof the court there is compliance with all applicable laws and that it\nappears from such investigation that the moral and temporal interests of\nthe child will be promoted by the proposed adoption. The original\ncertificate shall be filed with the clerk of the court, one certified\ncopy with the state commissioner of social services, and the adoptive\nparents shall receive the second certified copy. The fact that the\nadoptive child was born out of wedlock shall in no case appear in such\ncertificate. The written report of pre-adoption investigation together\nwith all other papers pertaining to the pre-adoption investigation and\nthe original certificate shall be kept by the court as a permanent\nrecord and such papers must be sealed by the judge and withheld from\ninspection. No person shall be allowed access to such sealed records and\noriginal certificate and any index thereof except upon an order of the\ncourt in which the pre-adoption certificate was made or an order of a\njustice of the supreme court. No order for access and inspection shall\nbe granted except on due notice to the adoptive parents and on good\ncause shown. In like manner as a court of general jurisdiction exercises\nsuch powers, the court in which the pre-adoption certificate was made\nmay open, vacate or set aside such certificate for fraud, newly\ndiscovered evidence or other sufficient cause.\n 5. The private-placement adoption of children who have been brought\ninto the United States and the state for such purpose and placed with\nthe adoptive parent or parents, shall be effected after issuance of the\npre-adoption certificate, in the manner provided by this title,\nexcepting that (a) the petition shall also recite the pre-adoption\nproceedings, and (b) the court may in its discretion for good cause\nshown, waive a subsequent investigation. In such case the order of\nadoption shall recite the reason for such action.\n 6. In any case where there has been a failure to comply with the\nrequirements of this section, if applicable, no order of adoption shall\nbe made until one year after the court shall have received the petition\nto adopt. The court may shorten such waiting period for good cause\nshown, and, in such case the order of adoption shall recite the reason\nfor such action.\n 7. The provisions of this section, shall not be applicable to the\nadoption of children placed out or to be placed out for adoption by an\nauthorized agency as defined in section three hundred seventy-one of the\nsocial services law.\n 8. Notwithstanding any provision of law to the contrary, where a child\nis placed with a couple or individual in New York state for the purpose\nof adoption, and where said adoption has theretofore been finalized in\nthe country of birth, outside the United States, the couple or person\nmay petition the court in their county of residence in New York state,\nfor the readoption of said child in accordance with the provisions of\nthis chapter, providing for adoptions originally commenced in this\nstate. In any proceeding for readoption, proof of finalization of an\nadoption outside the United States shall be prima facie evidence of the\nconsent of those parties required to give consent to an adoption\npursuant to section one hundred eleven of this article.\n