DRL 7 Volume 1 Flashcards

1
Q
  1. Who may adopt; effect of article.

(Bard) Adults who are unmarried, married, or unmarried intimate partners can adopt a child.

A
  1. Who may adopt; effect of article.

(Bard) Adults who are unmarried, married, or unmarried intimate partners can adopt a child.

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2
Q
  1. Who may adopt; effect of article.

Married individuals may also adopt if they are legally separated or have been living apart for at least _________________

A

three years.

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3
Q
  1. Who may adopt; effect of article.

The adopted child will not be considered the child or step-child of the ____________ for inheritance or support purposes.

A

non-adopting spouse

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4
Q
  1. Who may adopt; effect of article.

Married couples can adopt a child born to either spouse, and a spouse can adopt the child of their spouse.

A
  1. Who may adopt; effect of article.

Married couples can adopt a child born to either spouse, and a spouse can adopt the child of their spouse.

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5
Q
  1. Who may adopt; effect of article.

All adoptions must follow the procedures outlined in this article and section three hundred seventy-three of the social services law.

A
  1. Who may adopt; effect of article.

All adoptions must follow the procedures outlined in this article and section three hundred seventy-three of the social services law.

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6
Q
  1. Who may adopt; effect of article.

A married individual who is legally separated, has a valid decree of separation, or has been living apart from their spouse for at least ____________ can apply to an authorized agency to adopt a foster child in their care. The final decision on the adoption rests with the court.

A

three years

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7
Q
  1. Who may adopt; effect of article.
  • It is illegal to deny adoption solely based on a prospective parent’s history of _________ or other diseases.
  • However, prospective parents can be rejected based on poor health or limited _____________
A

Cancer…… life expectancy.

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8
Q
  1. Who may adopt; effect of article.

A petition to adopt, pursuant to the terms of this article, where the
petitioner’s parentage is legally-recognized under New York State law
shall not be denied solely on the basis that the petitioner’s parentage
is already legally-recognized.

A
  1. Who may adopt; effect of article.

A petition to adopt, pursuant to the terms of this article, where the
petitioner’s parentage is legally-recognized under New York State law
shall not be denied solely on the basis that the petitioner’s parentage
is already legally-recognized.

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9
Q
  1. DRL 7 (111) Whose consent required

An adoptive child may be _______

A

re-adopted.

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10
Q
  1. DRL 7 (111) Whose consent required

In an adoption proceeding of a child born out of wedlock, notice does not have to be given to a person convicted of rape in first degree, sexual conduct against a child in the first degree, predatory sexual assault, or predatory sexual assault against a child when the child was _____________ as a result.

A

conceived

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11
Q
  1. DRL 7 (111) Whose consent required

In the case of a child transferred to the custody and guardianship of an authorized agency, foster parent, or relative, consent must be obtained from:

  • Any person adjudicated to be the father of the child.
  • Any person who filed a petition to be adjudicated the father of the child.
    Any person who has executed an acknowledgment of parentage.
  • Any person who filed an unrevoked notice of intent to claim parentage of the child.
A

xx

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12
Q
  1. DRL 7 (111) Whose consent required

In other adoption proceedings, consent is required from the father of a child born out of wedlock under certain circumstances.
If the father placed the child with the adoptive parents more than six months after birth, he must have maintained substantial and continuous or repeated contact with the child. This means he must have paid child support, visited the child at least monthly, or regularly communicated with the child or the person or agency caring for the child.
If the father is under the age of six months at the time he is placed for adoption, he must have openly lived with the child or the child’s mother for six months immediately preceding the placement and openly held himself out to be the father of the child. He must also have paid for the mother’s medical expenses related to the pregnancy or birth.

A

In other adoption proceedings, consent is required from the father of a child born out of wedlock under certain circumstances.
If the father placed the child with the adoptive parents more than six months after birth, he must have maintained substantial and continuous or repeated contact with the child. This means he must have paid child support, visited the child at least monthly, or regularly communicated with the child or the person or agency caring for the child.
If the father is under the age of six months at the time he is placed for adoption, he must have openly lived with the child or the child’s mother for six months immediately preceding the placement and openly held himself out to be the father of the child. He must also have paid for the mother’s medical expenses related to the pregnancy or birth.

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13
Q
  1. DRL 7 (111-a) Notice in certain proceedings to fathers of children born out-of-wedlock

Notice in certain proceedings to fathers of children born out-of-wedlock:

  • Notice shall be given at least _________ prior to proceeding by delivery of a copy of petition and notice of petition.
  • Notice shall contain statement that failure to appear constitutes denial of interest in child and may result, without further notice, in adoption or other custody disposition.
A

20 days

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14
Q

111- D Consideration of blindness during adoption proceedings.

The court may not deny or decide a petition for adoption solely on the basis that the petitioner is _________

A

blind.

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15
Q
  1. DRL 7 (112) General provisions relating to adoption from authorized agencies

Generally, in an adoption proceeding from an authorized agency, parents and adoptive child MUST appear before the __________ or ___________

A

judge or surrogate.

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16
Q
  1. DRL 7 (112) General provisions relating to adoption from authorized agencies

Petition must be _________

A

verified.

17
Q
  1. DRL 7 (112) General provisions relating to adoption from authorized agencies

In an adoption proceeding from an authorized agency, if the child is less than 18, child must have resided with adoptive parents at least __________ before order of adoption is made.

A

3 months

18
Q
  1. DRL 7 (112-a) SECTION 112-A Expedited calendaring of adoption proceedings

Adoption proceeding is deemed filed upon receipt by _________ of all required documents together with affidavit of readiness from the petitioner’s attorney.

A

clerk

19
Q

112-b Post-adoption contact agreements (BARD)

Parties involved in an adoption proceeding can agree on arrangements for communication or contact between the adopted child, adoptive parents, birth parents, and biological siblings.

A

112-b Post-adoption contact agreements (BARD)

Parties involved in an adoption proceeding can agree on arrangements for communication or contact between the adopted child, adoptive parents, birth parents, and biological siblings.

20
Q

112-b Post-adoption contact agreements (BARD)

  • Parties involved in an adoption proceeding can agree on arrangements for communication or contact between the adopted child, adoptive parents, birth parents, and biological siblings.
  • These agreements are not legally binding unless they are incorporated into a written _______
  • The court shall not incorporate an agreement regarding communication or contact into an order unless the terms and conditions of the agreement have been set forth in writing and consented to in writing by the parties to the agreement, including the attorney representing the adoptive child.
A

court order.

21
Q
  1. DRL 7 (113) Special provisions relating to adoption from authorized agencies

As far as is practicable, judge must give custody only to persons of the same __________ as that of the adoptive child.

A

religious faith