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S1988Senate2015-2016 Session

Eliminates the requirement for parental consent to an adoption when the parent has an order of protection against them for the protection of the other parent

Sponsor Catharine YoungSD-57Affects Health
Status
In Senate Committee
Children And Families
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Children And Families

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Who cares

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Sponsors

Primary sponsor
Catharine Young

Senator · Senate District 57

Chair, Housing, Construction And Community Development

No co-sponsors yet.

History

  1. Referred to children and families
  2. Referred to children and families

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

BILL NUMBER:S1988

Title of bill

An act to amend the domestic relations law, in relation to eliminating the requirement of a parent to consent to the adoption of his or her child when such parent has had an order of protection issued against him or her for the protection of the other parent, a person having lawful custody of such child or the child

Purpose or general idea of bill

This bill eliminates the requirement for parental consent to an adoption when the parent has an order of protection against them for the protection of the other parent.

Summary of specific provisions

Section 1: Amends paragraph (e) of subdivision 2 of section 111 of the Domestic Relations Law to add a new paragraph (f) that provides that the consent shall not be required of a parent, whether that parent is an adult or child, of a child conceived or born in wedlock, if such parent has had an order of protection imposed on them by a judge against the other parent or persons having lawful custody of the child, or against the child.

Section two of the bill provides the effective date.

Justification

This bill would correct a contradiction in state domestic relations law which stipulates that if an adoption of a child is pending, a parent's involvement, including direct contact is required. This creates a problem when one of the parents has been deemed dangerous by the court system and has subsequently had an order of protection placed against them. The bill would also have the effect of protecting the process of adoption of children from manipulation by abusers with a history of domestic violence.

Prior legislative history

2013,2014: S.3898 Referred to Children and Families 2011,2012: S.862 Referred to Children and Families 2009,2010: S.7355 Referred to Children and Families

Fiscal implications

None.

Effective date

One hundred and eighty days after it shall become law.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.