New York Codes, Rules and Regulations
Title 22 - JUDICIARY
Subtitle A - JUDICIAL ADMINISTRATION
Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS
Part 205 - Uniform Rules For The Family Court
Section 205.53 - Papers required in an adoption proceeding
Universal Citation: 22 NY Comp Codes Rules and Regs ยง 205.53
Current through Register Vol. 46, No. 39, September 25, 2024
(a) All papers submitted in an adoption proceeding shall comply with section 205.7 of this Part.
(b) In addition to those papers required by the Domestic Relations Law, the following papers, unless otherwise dispensed with by the court, shall be submitted and filed prior to the placement of any adoption proceeding on the calendar:
(1) a certified copy of the birth
certificate of the adoptive child;
(2) an affidavit or affidavits by an
attorney admitted to practice in the State of New York or, in the discretion of
the court, by a person other than an attorney who is known to the court,
identifying each of the parties;
(3) a certified marriage certificate,
where the adoptive parents are husband and wife or where an individual adoptive
parent is the spouse of the birth parent;
(4) a certified copy of a decree or
judgment, where an adoptive or birth parent's marriage has been terminated by
decree or judgment;
(5) a certified death certificate, where
an adoptive or birth parent's marriage has been terminated by death or where it
is alleged that consent or notice is not required because of death;
(6) a proposed order of
adoption;
(7) a copy
of the attorney's affidavit of financial disclosure filed with the Office of
Court Administration pursuant to section
603.23,
691.23, 806.14 or
1022.33 of this Title; and either
an attorney's affirmation that the affidavit has been personally delivered or
mailed in accordance with such rules or the dated receipt from the Office of
Court Administration;
(8) an affidavit of financial disclosure
from the adoptive parent or parents, and from any person whose consent to the
adoption is required by law, setting forth the following information:
(i) name, address and telephone
number of the affiant;
(ii) status of the affiant in the
proceeding and relationship, if any, to the adoptive child;
(iii) docket number of the
adoption proceeding;
(iv) the date and terms of every
agreement, written or otherwise, between the affiant and any attorney
pertaining to any fees, compensation or other remuneration paid or to be paid
by or on behalf of the adoptive parents or the birth parents, directly or
indirectly, including but not limited to retainer fees on account of or
incidental to the placement or adoption of the child or assistance in
arrangements for such placement or adoption;
(v) the total amount of fees,
compensation or other remuneration to be paid to such attorney by the affiant,
directly or indirectly, including the date and amounts of each payment already
made, if any, on account of or incidental to the placement or adoption of the
child or assistance in arrangements for such placement or adoption;
(vi) the name and address of any
other person, agency, association, corporation, institution, society or
organization who received or will receive any fees, compensation or other
remuneration from the affiant, directly or indirectly, on account of or
incidental to the birth or care of the adoptive child, the pregnancy or care of
the adoptive child's birth mother or the placement or adoption of the child and
on account of or incidental to assistance in arrangements for such placement or
proposed adoption; the amount of each such fee, compensation or other
remuneration; and the reason for or services rendered, if any, in connection
with each such fee, compensation or other remuneration; and
(vii) the name and address of
any person, agency, association, corporation, society or organization who has
or will pay the affiant any fee, compensation or other remuneration, directly
or indirectly, on account of or incidental to the birth or care of the adoptive
child, the pregnancy or care of the adoptive child's birth mother, or the
placement or adoption of the child and on account of or incidental to
assistance in arrangements for such placement or adoption; the amount of each
such fee, compensation or other remuneration; and the reason for or services
rendered, if any, in connection with each such fee, compensation or other
remuneration;
(9) in the case of an adoption from an
authorized agency in accordance with title 2 of article 7 of the Domestic
Relations Law, a copy of the criminal history summary report made by the New
York State Office of Children and Family Services to the authorized agency
pursuant to section
378-a of
the Social Services Law regarding the criminal record or records of the
prospective adoptive parent or parents and any adult over the age of 18
currently residing in the home, including fingerprint-based records of the
national crime information databases, as defined in section 534(e)(3)(A) of
title 28 of the United States Code, as well as a report from the New York State
Central Registry of Child Abuse and Maltreatment regarding any indicated
reports regarding the prospective adoptive parent or parents and any adult over
the age of 18 currently residing in the home and from the child abuse and
maltreatment registry, if any, of any state in which the prospective adoptive
parents and any adult over the age of 18 have resided during the five years
immediately prior to the filing of the petition;
(10) in the case of an adoption
from an authorized agency, an affidavit by the attorney for the agency
attesting to the fact that no appeal from a surrender, surrender revocation or
termination of parental rights proceeding is pending in any court and that a
notice of entry of the final order of disposition of the surrender, surrender
revocation or termination of parental rights proceeding had been served upon
the the child's attorney, the attorneys for the respondent parents or the
parents themselves, if they were self-represented, as well as any other
parties;
(11) in the
case of an adoption from an authorized agency in which a post-adoption contact
agreement has been approved by the Family Court in conjunction with a surrender
of the child, a copy of the post-adoption contact agreement, as well as the
order of the court that approved the agreement as being in the child's best
interests;
(12) in the
case of an adoption petition filed either before a different judge in a
different court or a court in a different county regarding a child under the
jurisdiction of the Family Court as a result of a placement in foster care
pursuant to article 10 or 10-A of the Family Court Act or section
358-a of
the Social Services Law, an affirmation by the attorney for the petitioner on a
uniform form promulgated by the Chief Administrator of the Courts attesting to
the reasons for, and circumstances regarding, such filing; and
(13) in the case of an adoption
petition filed with consents by a birth parent or parents as required by
section
111 of
the Domestic Relations Law, the adoption information registry birth parent
registration consent form required by sections
112 and
115-b
of the Domestic Relations Law and subdivision 10 of section
4138-c of
the Public Health Law.
(c) Prior to the signing of an order of adoption, the court may in its discretion require the filing of a supplemental affidavit by the adoptive parent or parents, any person whose consent to the adoption is required, the authorized agency and the attorney for any of the aforementioned, setting forth any additional information pertaining to allegations in the petition or in any affidavit filed in the proceeding.
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