§ 115-b. Special provisions relating to consents in private-placement\nadoptions. 1. A duly executed and acknowledged consent to a\nprivate-placement adoption shall state that no action or proceeding may\nbe maintained by the consenting parent for the custody of the child to\nbe adopted except as provided in this section. Notwithstanding any other\nsection of law, a consent to adoption executed by a person who is in\nfoster care shall only be executed before a judge of the family court.\n 2. Judicial consents. (a) A consent to a private placement adoption\nmay be executed or acknowledged before any judge or surrogate in this\nstate having jurisdiction over adoption proceedings. Such consent shall\nstate that it is irrevocable upon such execution or acknowledgment. A\nconsent executed or acknowledged before a court in another state shall\nsatisfy the requirements of this section if it is executed by a resident\nof the other state before a court of record which has jurisdiction over\nadoption proceedings in that state, and a certified copy of the\ntranscript of that proceeding, showing compliance with paragraph (b) of\nthis subdivision, is filed as part of the adoption proceeding in this\nstate.\n (b) At the time that a parent appears before a judge or surrogate to\nexecute or acknowledge a consent to adoption, the judge or surrogate\nshall inform such parent of the consequences of such act pursuant to the\nprovisions of this section, including informing such parent of the right\nto be represented by legal counsel of the parent's own choosing; of the\nright to obtain supportive counseling and of any rights the parent may\nhave pursuant to section two hundred sixty-two of the family court act,\nsection four hundred seven of the surrogate's court procedure act, or\nsection thirty-five of the judiciary law. The judge or surrogate shall\ngive such parent a copy of such consent upon the execution thereof.\n 3. Extrajudicial consents. (a) Whenever a consent is not executed or\nacknowledged before a judge or surrogate pursuant to subdivision two of\nthis section such consent shall become irrevocable forty-five days after\nthe execution of the consent unless written notice of revocation thereof\nis received by the court in which the adoption proceeding is to be\ncommenced within said forty-five days.\n (b) Notwithstanding that such written notice is received within said\nforty-five days, the notice of revocation shall be given effect only if\nthe adoptive parents fail to oppose such revocation, as provided in\nsubdivision six of this section, or, if they oppose such revocation and\nthe court as provided in subdivision six of this section has determined\nthat the best interests of the child will be served by giving force and\neffect to such revocation.\n 4. (a) In any case where a consent is not executed or acknowledged\nbefore a judge or surrogate pursuant to subdivision two of this section,\nthe consent shall state, in conspicuous print of at least eighteen point\ntype:\n (i) the name and address of the court in which the adoption proceeding\nhas been or is to be commenced; and\n (ii) that the consent may be revoked within forty-five days of the\nexecution of the document and where the consent is not revoked within\nsaid forty-five days no proceeding may be maintained by the parent for\nthe return of the custody of the child; and\n (iii) that such revocation must be in writing and received by the\ncourt where the adoption proceeding is to be commenced within forty-five\ndays of the execution of said consent; and\n (iv) that, if the adoptive parents contest the revocation, timely\nnotice of the revocation will not necessarily result in the return of\nthe child to the parent's custody, and that the rights of the parent to\ncustody of the child shall not be superior to those of the adoptive\nparents but that a hearing will be required before a judge pursuant to\nthe provisions of this section to determine: (1) whether the notice
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