§ 384-C — Notice in certain proceedings to fathers of children born out-of-wedlock

§ 384-c. Notice in certain proceedings to fathers of children born\nout-of-wedlock. 1. Notwithstanding any inconsistent provision 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 proceeding initiated\npursuant to sections three hundred fifty-eight-a and three hundred\neighty-four of this title, involving a child born out-of-wedlock.\nPersons specified in subdivision two of this section shall not include\nany person who has been convicted of one or more of the following sexual\noffenses in this state or convicted of one or more offenses in another\njurisdiction which, if committed in this state, would constitute one or\nmore of the following offenses, when the child who is the subject of the\nproceeding was conceived as a result: (a) rape in first or second\ndegree; (b) course of sexual conduct against a child in the first\ndegree; (c) predatory sexual assault; or (d) predatory sexual assault\nagainst 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 this chapter;\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 this chapter;\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 or at the time the child\nwas placed in the care of an authorized agency, 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; 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 of the domestic\nrelations law. The sole purpose of notice under this section shall be to\nenable the person served pursuant to subdivision two of this section to\npresent evidence to the court relevant to the best interests of the\nchild.\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, to the\naddress last entered therein. Notice by publication shall not be\nrequired to be given to a person entitled to notice pursuant to the\nprovisions 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 this chapter.\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 transfer or commitment of the child's care,\ncustody or guardianship or in the child's adoption in this or any\nsubsequent proceeding in which such care, custody or guardianship or\nadoption may be at issue.\n 7. No order of the court in any proceeding pursuant to section three\nhundred fifty-eight-a or three hundred eighty-four of this title or in\nany subsequent proceeding involving the child's custody, guardianship or\nadoption shall be vacated, annulled or reversed upon the application of\nany person who was properly served with notice in accordance with this\nsection but failed to appear, or who waived notice pursuant to\nsubdivision five of this section. Nor shall any order of the court in\nany proceeding involving the child's custody, guardianship or adoption\nbe vacated, annulled or reversed upon the application of any person who\nwas properly served with notice in accordance with this section in any\nprevious proceeding in which the court determined that the transfer or\ncommitment of the child's care, custody or guardianship to an authorized\nagency was in the child's best interests.\n