What's happening
This bill allows adoption of a child without consent from a parent who has an active or recent order of protection against them.
Why it matters
Broadens grounds for adoption without parental consent. This bill expands circumstances where a parent’s consent is not needed for adoption, specifically targeting cases where a parent has had an order of protection issued against them for the benefit of the child, the child’s other parent, or the child’s legal custodian.
Focuses on child and family safety. By allowing adoption without the consent of a parent subject to an order of protection, the bill prioritizes the safety and welfare of children and their caregivers, particularly in situations involving domestic violence or abuse.
Addresses recent and ongoing risk. The bill applies not only if an order of protection is active at the time of a child’s placement for adoption, but also if such an order was in effect at any point during the six months prior—acknowledging the potential for continued risk even after an order expires.
Impacts parental rights. The legislation represents a significant shift in parental rights, making it easier to permanently sever the legal relationship between a parent and child when there is documented evidence of harm or threat, which could affect future custody and family reunification proceedings.
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Who cares
Headline styles
End Abusers' Adoption Veto
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to children and families
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
917
2019-2020 Regular Sessions
IN SENATE
January 9, 2019
Introduced by Sen. YOUNG -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families
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
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph (e) of subdivision 2 of section 111 of the domestic relations law, as amended by chapter 375 of the laws of 1997, is amended and a new paragraph (f) is added to read as follows:
(e) who has executed an instrument, which shall be irrevocable, denying the paternity of the child, such instrument having been executed after conception and acknowledged or proved in the manner required to permit the recording of a deed[.]; or
(f) who, whether an adult or child:
(i) is the parent of the child; and
(ii) is the spouse or former spouse of the other parent of the child conceived or born in wedlock; and
(iii) 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, which is in effect at the time of the placement of the child or at any time during the six month period preceding such placement.
§ 2. This act shall take effect on the one hundred eightieth day after it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03630-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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 2: Establishes 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 prob- lem 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
2017,2018: S.552 Referred to Children and Families
2015,2016: S.1988 Referred to Children and Families
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.