STATE OF NEW YORK ________________________________________________________________________ 2425 2025-2026 Regular Sessions IN ASSEMBLY January 16, 2025 ___________ Introduced by M. of A. PAULIN -- read once and referred to the Committee on Social Services AN ACT to amend the social services law, in relation to payments of certain expenses by adoptive parents The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 6 of section 374 of the social services law, as 2 amended by chapter 305 of the laws of 2008, is amended to read as 3 follows: 4 6. (a) An authorized agency, as defined in paragraphs (a) and (c) of 5 subdivision ten of section three hundred seventy-one of this title, may 6 charge or accept a fee or other compensation to or from a person or 7 persons with whom it has placed out a child, for the reasonable and 8 necessary expenses of such placement; and no agency, association, corpo- 9 ration, institution, society or organization, except such an authorized 10 agency, and no person may or shall request, accept or receive any 11 compensation or thing of value, directly or indirectly, in connection 12 with the placing out or adoption of a child or for assisting a birth 13 parent, relative or guardian of a child in arranging for the placement 14 of the child for the purpose of adoption; and no person may or shall pay 15 or give to any person or to any agency, association, corporation, insti- 16 tution, society or organization, except such an authorized agency, any 17 compensation or thing of value in connection with the placing out or 18 adoption of a child or for assisting a birth parent, relative or guardi- 19 an of a child in arranging for the placement of the child for the 20 purpose of adoption. The prohibition set forth in this section applies 21 to any adoptive placement activity involving a child born in New York 22 state or brought into this state or involving a New York resident seek- 23 ing to bring a child into New York state for the purpose of adoption. 24 (b) This subdivision shall not be construed to prevent the payment of 25 salaries or other compensation by an authorized agency to the officers EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04953-01-5
A. 2425 2 1 or employees thereof; nor shall it be construed to prevent the payment 2 by a person with whom a child has been placed out of reasonable and 3 actual medical fees or hospital charges for services rendered in 4 connection with the birth of such child or of other necessary expenses 5 incurred by the birth mother in connection with or as a result of [her] 6 such birth mother's pregnancy or the birth of the child, or of reason- 7 able and actual nursing, medical or hospital fees for the care of such 8 child, if such payment is made to the physician, nurse or hospital who 9 or which rendered the services or to the birth mother of the child, or 10 to prevent the receipt of such payment by such physician, nurse, hospi- 11 tal or birth mother. This subdivision shall not be construed to prevent 12 the payment by an adoptive parent, as defined in section one hundred 13 nine of the domestic relations law, of the birth mother's reasonable and 14 actual expenses for housing, maternity clothing, clothing for the child 15 and transportation for a reasonable period not to exceed [sixty] one 16 hundred eighty days prior to the birth and the later of [thirty] forty- 17 five days after the birth or [thirty] forty-five days after the parental 18 consent to the adoption, unless a court determines, in writing, that 19 exceptional circumstances exist which require the payment of the birth 20 mother's expenses beyond the time periods stated in this sentence. This 21 subdivision shall not be construed to prevent the payment by an adoptive 22 parent, as defined in section one hundred nine of the domestic relations 23 law, of reasonable and actual legal fees charged for consultation and 24 legal advice, preparation of papers and representation and other legal 25 services rendered in connection with an adoption proceeding or of neces- 26 sary disbursements incurred for or in an adoption proceeding. No attor- 27 ney or law firm shall serve as the attorney for, or provide any legal 28 services to both the birth parent and adoptive parent in regard to the 29 placing out of a child for adoption or in an adoption proceeding. No 30 attorney or law firm shall serve as the attorney for, or provide any 31 legal services to, both an authorized agency and adoptive parent or both 32 an authorized agency and birth parent where the authorized agency 33 provides adoption services to such birth parent or adoptive parent, 34 where the authorized agency provides foster care for the child, or where 35 the authorized agency is directly or indirectly involved in the placing 36 out of such child for adoption. 37 § 2. This act shall take effect on the thirtieth day after it shall 38 have become a law. Effective immediately, the addition, amendment and/or 39 repeal of any rule or regulation necessary for the implementation of 40 this act on its effective date are authorized to be made and completed 41 on or before such effective date.