New York Codes, Rules and Regulations
Title 18 - DEPARTMENT OF SOCIAL SERVICES
Chapter II - Regulations of the Department of Social Services
Subchapter C - Social Services
Article 2 - Family and Children's Services
Part 421 - Standards of Practice for Adoption Services
Section 421.5 - Services to fathers of out-of-wedlock children
Universal Citation: 18 NY Comp Codes Rules and Regs § 421.5
Current through Register Vol. 47, No. 12, March 26, 2025
With regard to the rights and interests of the biological father of an out-of-wedlock child, an agency shall comply with the following procedures:
(a) In all cases:
(1) take steps to identify the father and
determine the extent of relationship between father and mother and between
father and child;
(2) make efforts
to involve the father in planning for the child;
(3) give the alleged father an opportunity to
recognize or deny paternity;
(4) if
father admits paternity but is unwilling or unable to plan for the child,
attempt to obtain a voluntary surrender of father's rights in child when such
action would be in the best interests of the child; and
(5) if the father is unwilling or unable to
plan, and is also unwilling to voluntarily surrender rights, take such steps to
obtain termination of the father's parental rights as are appropriate to the
best interests of the child.
(b) The child shall not be placed for adoption without the consent, or the surrender or termination of parental rights, of any person:
(1) adjudicated by a
court of this state or a court of any other state or territory of the United
States to be the father of the child prior to the filing of a petition to
terminate parental rights to the child pursuant to section
384-b of
the Social Services Law, an application to execute a judicial surrender of
rights to the child pursuant to subdivision 3 of section
383-c of
the Social Services Law, or an application for approval of an extra-judicial
surrender pursuant to subdivision 4 of section
383-c of
the Social Services Law;
(2) who
filed a petition in a court in this state seeking to be adjudicated the father
of the child prior to the filing of a petition to terminate parental rights to
the child pursuant to section
384-b of
the Social Services Law, an application to execute a judicial surrender of
rights to the child pursuant to subdivision 3 of section
383-c of
the Social Services Law, or an application for approval of an extra-judicial
surrender pursuant to subdivision 4 of section
383-c of
the Social Services Law, provided that the parentage petition has been resolved
in the petitioner's favor or remains pending at the conclusion of the
proceedings pursuant to section
384-b,
383-c, or
384 of the
Social Services Law;
(3) who has
executed an acknowledgment of parentage pursuant to section
111-k of
the Social Services Law, section
516-a of the
Family Court Act, or section
4135-b of
the Public Health Law prior to the filing of a petition to terminate parental
rights to the child pursuant to section
384-b of
the Social Services Law, an application to execute a judicial surrender of
rights to the child pursuant to subdivision 3 of section
383-c of
the Social Services Law, or an application for approval of an extra-judicial
surrender pursuant to subdivision 4 of section
383-c of
the Social Services Law, provided that such acknowledgement has not been
vacated; or
(4) who filed an
unrevoked notice of intent to claim parentage of the child pursuant to section
372-c of
the Social Services Law prior to the filing of a petition to terminate parental
rights to the child pursuant to section
384-b of
the Social Services Law, an application to execute a judicial surrender of
rights to the child pursuant to subdivision 3 of section
383-c of
the Social Services Law, or an application for approval of an extra-judicial
surrender pursuant to subdivision 4 of section
383-c of
the Social Services Law.
(c) A written instrument executed by the biological father denying paternity or consenting to the mother's surrender of the child for adoption or consenting to the adoption of the child shall be completed in accordance with section 111 of the Domestic Relations Law.
Disclaimer: These regulations may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
