Section 113. Special provisions relating to adoption from authorized agencies

1. An authorized agency may consent  to  the  adoption  of  a
  minor  whose  custody  and  guardianship  has  been  transferred to such
  agency. An authorized agency may also consent to the adoption of a minor
  whose care and custody has been transferred to such agency  pursuant  to
  section one thousand fifty-five of the family court act or section three
  hundred  eighty-four-a  of  the  social services law, where such child's
  parents are both deceased, or where one parent is deceased and the other
  parent is not a person entitled  to  notice  pursuant  to  sections  one
  hundred eleven and one hundred eleven-a of this chapter.
    2.   In  accordance  with  subparagraph  three  of  paragraph  (g)  of
  subdivision six of section three  hundred  ninety-eight  of  the  social
  services  law,  an  authorized  agency may submit a written request to a
  social services district with a population of more than two million  for
  approval  to  consent  to  the  adoption  of  a  child whose custody and
  guardianship, or  of  a  child  where  such  child's  parents  are  both
  deceased,  or  where  one parent is deceased and the other parent is not
  entitled to notice pursuant to  sections  one  hundred  eleven  and  one
  hundred  eleven-a  of this chapter, and whose care and custody, has been
  transferred to a social services official and who has been placed by the
  social services official with the authorized agency. If the  request  is
  not  disapproved by the social services district within sixty days after
  its submission, it shall be deemed approved, and the  authorized  agency
  may  give  all  necessary  consent to the adoption of the child. Nothing
  herein shall result in the transfer of care and custody or  custody  and
  guardianship  of  the  child  from  the  social services official to the
  authorized agency.
    3. (a) The agreement of adoption shall be executed by such  authorized
  agency.
    (b)(i) If the adoption petition is filed pursuant to subdivision eight
  of  section  one  hundred  twelve  of this article or subdivision ten of
  section three hundred eighty-three-c or subdivision  eleven  of  section
  three  hundred  eighty-four-b  of  the social services law, the petition
  shall be filed in the county where the termination  of  parental  rights
  proceeding  or  judicial surrender proceeding, as applicable, is pending
  and shall be assigned, wherever practicable, to the same judge.
    (ii) In any other agency adoption proceeding, the  petition  shall  be
  filed  in the same court and, wherever practicable, shall be assigned to
  the same  judge  of  the  county  in  which  parental  rights  had  been
  terminated,  a  judicial  surrender had been approved or the most recent
  proceeding under article ten or ten-A of the family court act or section
  three hundred fifty-eight-a of the social services law had  been  heard,
  whichever  occurred  last,  or  in the county where the adoptive parents
  reside or, if such adoptive parents do not reside in this state, in  the
  county  where  such  authorized  agency  has  its  principal office. The
  following procedures shall be applicable in cases  where  the  child  is
  under  the  jurisdiction  of  a  family  court,  but  where the adoption
  petition has been filed in a court other than the  court  that  presided
  over  the  termination  of  parental  rights,  surrender  or most recent
  proceeding under article ten or ten-A of the family court act or section
  three hundred  fifty-eight-a  of  the  social  services  law,  whichever
  occurred last:
    (A) Before hearing such an adoption proceeding, the court in which the
  adoption  petition  was filed shall ascertain whether the child is under
  the jurisdiction of a family court as a  result  of  a  placement  under
  article  ten  or  ten-A of the family court act or section three hundred
  fifty-eight-a of the social services  law,  a  surrender  under  section
  three  hundred eighty-three-c or three hundred eighty-four of the social

  services law or an  order  committing  guardianship  and  custody  under
  article   six   of  the  family  court  act  or  section  three  hundred
  eighty-four-b of the social  services  law,  and,  if  so,  which  court
  exercised   jurisdiction  over  the  most  recent  permanency  or  other
  proceeding involving the child.
    (B) If the court determines that the child is under  the  jurisdiction
  of  a  different  family court, the court in which the adoption petition
  was filed shall stay its proceeding for not more than  thirty  days  and
  shall communicate with the family court judge who exercised jurisdiction
  over the most recent permanency or other proceeding involving the child.
  The  communication  shall be recorded or summarized on the record by the
  court in which the adoption petition was filed. Both courts shall notify
  the parties and law guardian, if any, in  their  respective  proceedings
  and  shall  give them an opportunity to present facts and legal argument
  or to participate in the  communication  prior  to  the  issuance  of  a
  decision on jurisdiction.
    (C)  The  family  court judge who exercised jurisdiction over the most
  recent  permanency  or  other  proceeding  involving  the  child   shall
  determine  whether  he or she should assume or decline jurisdiction over
  the adoption proceeding. In making its determination, the  family  court
  judge  shall  consider, among other factors: the relative familiarity of
  each  court  with  the  facts  and  circumstances  regarding  permanency
  planning  for,  and  the  needs  and  best  interests of, the child; the
  ability of the law guardian to continue to represent the  child  in  the
  adoption  proceeding,  if  appropriate; the convenience of each court to
  the residence of the prospective adoptive parent  or  parents;  and  the
  relative  ability  of  each  court  to  hear  and determine the adoption
  petition expeditiously. The court in which  the  adoption  petition  was
  filed   shall   issue  an  order  incorporating  this  determination  of
  jurisdiction within thirty days of the filing of the adoption petition.
    (D) If the family court that  exercised  jurisdiction  over  the  most
  recent permanency or other proceeding determines that it should exercise
  jurisdiction over the adoption petition, the order of the court in which
  the  adoption  petition  was  filed  shall  direct  the  transfer of the
  proceeding forthwith but in no event more than  thirty-five  days  after
  the  filing  of  the  petition. The petition shall be assigned, wherever
  practicable, to the  family  court  judge  who  heard  the  most  recent
  permanency or other proceeding involving the child.
    (E)   If  the  family  court  that  exercised  jurisdiction  over  the
  permanency or other proceeding involving the child declines to  exercise
  jurisdiction over the adoption petition, the court in which the adoption
  petition was filed shall issue an order incorporating that determination
  and shall proceed forthwith.
    (iii)  Neither such authorized agency nor any officer or agent thereof
  need appear before the judge or surrogate. The judge or surrogate in his
  or her discretion may accept the report of an authorized agency verified
  by one of  its  officers  or  agents  as  the  report  of  investigation
  hereinbefore  required.  In  making  orders  of  adoption  the  judge or
  surrogate when practicable must give custody only to persons of the same
  religious faith as that of the adoptive child in accordance with article
  six of the social services law.