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 207 - Uniform Rules For The Surrogate's Court
Section 207.55 - Papers required in an adoption proceeding
Universal Citation: 22 NY Comp Codes Rules and Regs ยง 207.55
Current through Register Vol. 46, No. 12, March 20, 2024
(a) All papers submitted in an adoption proceeding shall comply with section 207.4 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 natural parent;
(4) a certified copy of a decree or
judgment, where an adoptive parent's marriage has been terminated by decree or
judgment;
(5) a
certified death certificate, where an adoptive or natural 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; and
(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 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 natural 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 date and amount of any fees,
compensation or other remuneration paid, and the total amount of fees,
compensation or other remuneration to be paid to such attorney by the affiant,
directly or indirectly, 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 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;
(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 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;
and
(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.
(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, or 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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