NY S04765

Requires post-adoption contact agreements between birth parents, adoptive parents, and siblings to be incorporated into a written court order to be legally enforceable.

Mandates that agreements for contact between children and siblings age 14 or older must have written consent from both the child and the sibling/half-sibling to be enforceable.

Effective January 1, 2019, requires surrenders made with conditions (identifying adoptive parents or prescribing contact) to be executed before a judge, except extra-judicial surrenders may be enforceable if the surrendering parent attests to undue hardship and was represented by counsel who explained enforceability requirements.

Requires judges and surrogates to inform parents of their right to legal counsel and supportive counseling before executing or approving a surrender.

Establishes notification and petition procedures requiring authorized agencies to notify parents within 20 days of any material failure of surrender conditions, with parents having 60 days to file a petition challenging the failure prior to adoption finalization.