N.Y. Comp. Codes R. & Regs. Tit. 22 § 205.48 - Judicial and extra-judicial surrenders; required papers and putative father determination
(a) In addition to the judicial or
extra-judicial surrender instrument and, if applicable, the post-adoption
contact agreement and petition for approval of an extra-judicial surrender, the
petitioner shall submit a copy of the child's birth certificate adoption
information registry birth parent registration consent form as required by
sections
383-c and
384 of the Social Services Law and
subdivision 10 of section
4138-c of the Public Health
Law.
(b) Where the
surrender is by the birth mother:
(1) The petitioner shall also submit:
(i) the response from the
putative father registry that is current within 60 days prior to the filing of
the surrender proceeding;
(ii) a sworn written statement, if any,
by the mother naming the father; and
(iii) a sworn written statement by the
caseworker setting forth information regarding any putative father whose
consent to adopt is required by section
111 of the Domestic Relations Law or who is
entitled to notice of an adoption pursuant to section
111-a of the Domestic Relations
Law.
(2)
Where a determination has not yet been made by the court regarding any putative
father whose consent to adopt is required or who is entitled to notice of an
adoption, the proceeding shall be referred to the Family Court judge on the
date of filing or the next court date for a determination regarding who must be
notified of the surrender proceeding. Except for good cause shown or unless the
putative father has previously defaulted in a termination of parental rights
proceeding regarding the child, the surrender proceeding shall not be scheduled
for execution of a judicial surrender or approval of an extra-judicial
surrender, as applicable, until a determination regarding required notices and
consents have been made by the court.
Notes
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