§ 113. Special provisions relating to adoption from authorized\nagencies. 1. An authorized agency may consent to the adoption of a\nminor whose custody and guardianship has been transferred to such\nagency. An authorized agency may also consent to the adoption of a minor\nwhose care and custody has been transferred to such agency pursuant to\nsection one thousand fifty-five of the family court act or section three\nhundred eighty-four-a of the social services law, where such child's\nparents are both deceased, or where one parent is deceased and the other\nparent is not a person entitled to notice pursuant to sections one\nhundred eleven and one hundred eleven-a of this chapter.\n 2. In accordance with subparagraph three of paragraph (g) of\nsubdivision six of section three hundred ninety-eight of the social\nservices law, an authorized agency may submit a written request to a\nsocial services district with a population of more than two million for\napproval to consent to the adoption of a child whose custody and\nguardianship, or of a child where such child's parents are both\ndeceased, or where one parent is deceased and the other parent is not\nentitled to notice pursuant to sections one hundred eleven and one\nhundred eleven-a of this chapter, and whose care and custody, has been\ntransferred to a social services official and who has been placed by the\nsocial services official with the authorized agency. If the request is\nnot disapproved by the social services district within sixty days after\nits submission, it shall be deemed approved, and the authorized agency\nmay give all necessary consent to the adoption of the child. Nothing\nherein shall result in the transfer of care and custody or custody and\nguardianship of the child from the social services official to the\nauthorized agency.\n 3. (a) The agreement of adoption shall be executed by such authorized\nagency.\n (b)(i) If the adoption petition is filed pursuant to subdivision eight\nof section one hundred twelve of this article or subdivision ten of\nsection three hundred eighty-three-c or subdivision eleven of section\nthree hundred eighty-four-b of the social services law, the petition\nshall be filed in the county where the termination of parental rights\nproceeding or judicial surrender proceeding, as applicable, is pending\nand shall be assigned, wherever practicable, to the same judge.\n (ii) In any other agency adoption proceeding, the petition shall be\nfiled in the same court and, wherever practicable, shall be assigned to\nthe same judge of the county in which parental rights had been\nterminated, a judicial surrender had been approved or the most recent\nproceeding under article ten or ten-A of the family court act or section\nthree hundred fifty-eight-a of the social services law had been heard,\nwhichever occurred last, or in the county where the adoptive parents\nreside or, if such adoptive parents do not reside in this state, in the\ncounty where such authorized agency has its principal office. The\nfollowing procedures shall be applicable in cases where the child is\nunder the jurisdiction of a family court, but where the adoption\npetition has been filed in a court other than the court that presided\nover the termination of parental rights, surrender or most recent\nproceeding under article ten or ten-A of the family court act or section\nthree hundred fifty-eight-a of the social services law, whichever\noccurred last:\n (A) Before hearing such an adoption proceeding, the court in which the\nadoption petition was filed shall ascertain whether the child is under\nthe jurisdiction of a family court as a result of a placement under\narticle ten or ten-A of the family court act or section three hundred\nfifty-eight-a of the social services law, a surrender under section\nthree hundred eighty-three-c or three hundred eighty-four of the social\nservices law or an order committing guardianship and custody under\narticle six of the family court act
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