§ 115-C — Temporary guardianship by adoptive parent

§ 115-c. Temporary guardianship by adoptive parent. In any case where\nphysical custody of a child is transferred from the child's parent or\nguardian to another person or persons for the purposes of adoption and a\nconsent to the adoption of such child has been executed pursuant to\nsection one hundred fifteen-b of this title, the adoptive parent or\nparents shall, within ten court days of taking physical custody, either\nfile a petition for adoption with a court of competent jurisdiction or\nfile an application for temporary guardianship of the person of the\nchild pursuant to this section with the court in which the adoption will\nbe filed, pursuant to section seventeen hundred twenty-five of the\nsurrogate's court procedure act or section six hundred sixty-one of the\nfamily court act except as otherwise provided herein. Such application\nshall include an affidavit by the adoptive parent or parents describing\nany change of circumstances since their certification as a qualified\nadoptive parent or parents, pursuant to section one hundred fifteen-d of\nthis title, which may be material to such certification. Such a\npetition for adoption shall also be deemed an application for temporary\nguardianship, where no prior application for an order for temporary\nguardianship has been filed.\n In any case where the adoptive parent or parents take physical custody\nof an adoptive child and requirements for certification as a qualified\nadoptive parent or parents have been waived, pursuant to section one\nhundred fifteen-d of this title, an application for temporary\nguardianship or petition for adoption for such child shall be filed with\nthe court not later than five court days from obtaining physical custody\nof such child. Such time period may be extended upon motion of any\nperson or upon the court's own motion for good cause shown.\n