N.Y. Comp. Codes R. & Regs. tit. 18 § 421.5

Current through Register Vol. 46, No. 45, November 2, 2024

Section 421.5 - Services to fathers of out-of-wedlock children

With regard to the rights and interests of the biological father of an out-of-wedlock child, an agency shall comply with the following procedures:

(a) In all cases:

(1) take steps to identify the father and determine the extent of relationship between father and mother and between father and child;

(2) make efforts to involve the father in planning for the child;

(3) give the alleged father an opportunity to recognize or deny paternity;

(4) if father admits paternity but is unwilling or unable to plan for the child, attempt to obtain a voluntary surrender of father's rights in child when such action would be in the best interests of the child; and

(5) if the father is unwilling or unable to plan, and is also unwilling to voluntarily surrender rights, take such steps to obtain termination of the father's parental rights as are appropriate to the best interests of the child.

(b) The child shall not be placed for adoption without the consent, or the surrender or termination of parental rights, of any person:

(1) adjudicated by a court of this state or a court of any other state or territory of the United States to be the father of the child prior to the filing of a petition to terminate parental rights to the child pursuant to section 384-b of the Social Services Law, an application to execute a judicial surrender of rights to the child pursuant to subdivision 3 of section 383-c of the Social Services Law, or an application for approval of an extra-judicial surrender pursuant to subdivision 4 of section 383-c of the Social Services Law;

(2) who filed a petition in a court in this state seeking to be adjudicated the father of the child prior to the filing of a petition to terminate parental rights to the child pursuant to section 384-b of the Social Services Law, an application to execute a judicial surrender of rights to the child pursuant to subdivision 3 of section 383-c of the Social Services Law, or an application for approval of an extra-judicial surrender pursuant to subdivision 4 of section 383-c of the Social Services Law, provided that the parentage petition has been resolved in the petitioner's favor or remains pending at the conclusion of the proceedings pursuant to section 384-b, 383-c, or 384 of the Social Services Law;

(3) who has executed an acknowledgment of parentage pursuant to section 111-k of the Social Services Law, section 516-a of the Family Court Act, or section 4135-b of the Public Health Law prior to the filing of a petition to terminate parental rights to the child pursuant to section 384-b of the Social Services Law, an application to execute a judicial surrender of rights to the child pursuant to subdivision 3 of section 383-c of the Social Services Law, or an application for approval of an extra-judicial surrender pursuant to subdivision 4 of section 383-c of the Social Services Law, provided that such acknowledgement has not been vacated; or

(4) who filed an unrevoked notice of intent to claim parentage of the child pursuant to section 372-c of the Social Services Law prior to the filing of a petition to terminate parental rights to the child pursuant to section 384-b of the Social Services Law, an application to execute a judicial surrender of rights to the child pursuant to subdivision 3 of section 383-c of the Social Services Law, or an application for approval of an extra-judicial surrender pursuant to subdivision 4 of section 383-c of the Social Services Law.

(c) A written instrument executed by the biological father denying paternity or consenting to the mother's surrender of the child for adoption or consenting to the adoption of the child shall be completed in accordance with section 111 of the Domestic Relations Law.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 421.5

Amended New York State Register December 23, 2015/Volume XXXVII, Issue 51, eff. 12/23/2015

Amended New York State Register November 8, 2023/Volume XLV, Issue 45, eff. 11/8/2023