§ 115-a. Special provisions relating to children to be brought into\nthe state for private-placement adoption. 1. In the case of a child\nwhose admission to the United States as an eligible orphan with\nnon-quota immigrant status pursuant to the federal immigration and\nnationality act is sought for the purpose of adoption in the state of\nNew York, the following pre-adoption requirements shall be observed: (a)\nThe adoptive parents or parent must present to a judge or surrogate\nhaving jurisdiction of adoption proceedings, in the county of residence\nof such adoptive parents or parent, a verified written application\ncontaining the information set forth in subdivision two of this section,\nin such form as the judge or surrogate may prescribe for an order of\npre-adoption investigation, to determine whether the adoption may be in\nthe best interests of the child.\n (b) The adoptive parents or parent must appear for examination before\nthe judge or surrogate of the court where the pre-adoption proceedings\nare instituted.\n (c) The application must be accompanied by duly authenticated\ndocumentary evidence: (1) that the child is a noncitizen under the age\nof sixteen and (2) that he or she is an orphan because of the death or\ndisappearance of both parents, or because of abandonment, or desertion\nby, or separation or loss from, both parents, or who has only one parent\ndue to the death or disappearance of, abandonment, or desertion by, or\nseparation or loss from the other parent, and the remaining parent is\nincapable of providing care for such orphan and has in writing\nirrevocably released him or her for emigration and adoption, and has\nconsented to the proposed adoption. In all cases where the orphan has no\nremaining parent under the circumstances set forth above, documentary\nevidence must be presented that the person, public authority or duly\nconstituted agency having lawful custody of the orphan at the time of\nthe making of the application, hereunder, has in writing irrevocably\nreleased him or her for immigration and adoption and has consented to\nthe proposed adoption and (3) that the adoptive parents agree to adopt\nand treat the adoptive child as their or his or her own lawful child.\n (d) In addition thereto such additional releases and consents as the\ncourt may in its sound discretion require.\n 2. The verified written application shall contain the following\ninformation: the names and place of residence of the adoptive parent or\nparents; whether they are of full age; whether they are married or\nunmarried and, if married, whether they are living together as husband\nand wife; the name, date and place of birth of the adoptive child as\nnearly as the same can be ascertained; the religious faith of the\nadoptive parent or parents; the religious faith of the adoptive child\nand his parents as nearly as the same can be ascertained; the medical\nhistory of the adoptive child as nearly as the same can be ascertained;\nthe occupation and approximate income of the adoptive parent or parents,\nand the name by which the adoptive child is to be known; that no\nprevious application has been made to any court or judge for the relief\nsought or if so made, the disposition of it and a statement as to\nwhether the adoptive child has been previously adopted, if such fact is\nknown to the adoptive parent or parents; the facts which establish that\nthe child is an eligible orphan who would be entitled to enter the\nUnited States with non-quota immigrant status for the purpose of\nadoption in New York state, pursuant to the provisions in the federal\nimmigration and nationality act, in such case made; the circumstances\nwhereby, and names and addresses of the intermediaries, if any, through\nwhom the adoptive parent or parents learned of the existence and\neligibility of the child and the names and addresses of the person or\npersons, public authority or duly constituted agency in the land of the\nchild's residence executin
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