§ 383-c. Guardianship and custody of children in foster care. 1.\nMethod. For the purposes of this section, a child in foster care shall\nmean a child in the care and custody of an authorized agency pursuant to\nsection three hundred eighty-four-a of this title or article three,\nseven or ten of the family court act. The guardianship of the person and\nthe custody of a child in foster care under the age of eighteen years\nmay be committed to an authorized agency by a written instrument which\nshall be known as a surrender, and signed:\n (a) if both parents shall then be living, by the parents of such\nchild, or by the surviving parent, if either parent of such child be\ndead;\n (b) if either one of such parents shall have for a period of six\nmonths then next preceding abandoned such child as set forth in section\nthree hundred eighty-four-b of this title, by the other of such parents;\n (c) if such child is born out of wedlock, by the mother of such child,\nand by the father of such child, if such father's consent would be\nrequired for the child's adoption, pursuant to section one hundred\neleven of the domestic relations law;\n (d) if both parents of such child are dead, or if such child is born\nout of wedlock and the mother of such child is dead, by the guardian of\nthe person of such child lawfully appointed, with the approval of the\ncourt or officer which appointed such guardian to be entered of record.\n 2. Terms. (a) Such guardianship shall be in accordance with the\nprovisions of this article and the instrument shall be upon such terms\nand subject to such conditions as may be agreed upon by the parties\nthereto and shall comply with subdivision five of this section;\nprovided, however, that an authorized agency shall not accept a\nsurrender instrument conditioned upon adoption by a particular person,\nunless such person is a certified or approved foster parent, where the\npermanency plan for the child is for the child to be adopted by that\nperson or the agency has fully investigated and approved such person as\nan adoptive parent in accordance with applicable statute and\nregulations. No such agency shall draw or receive money from public\nfunds for the support of any such child except upon the written order or\npermit of the social services official of the county or city sought to\nbe charged with the support of such child.\n (b) If a surrender instrument designates a particular person or\npersons who will adopt a child, such person or persons, the child's\nbirth parent or parents, the authorized agency having care and custody\nof the child and the child's attorney, may enter into a written\nagreement providing for communication or contact between the child and\nthe child's parent or parents on such terms and conditions as may be\nagreed to by the parties. If a surrender instrument does not designate\na particular person or persons who will adopt the child, then the\nchild's birth parent or parents, the authorized agency having care and\ncustody of the child and the child's attorney may enter into a written\nagreement providing for communication or contact, on such terms and\nconditions as may be agreed to by the parties. Such agreement also may\nprovide terms and conditions for communication with or contact between\nthe child and the child's biological siblings or half-siblings, if any.\nIf any such sibling or half-sibling is fourteen years of age or older,\nsuch terms and conditions shall not be enforceable unless such sibling\nor half-sibling consents to the agreement in writing. If the court\nbefore which the surrender instrument is presented for approval\ndetermines that the agreement concerning communication and contact is in\nthe child's best interests, the court shall approve the agreement. If\nthe court does not approve the agreement, the court may nonetheless\napprove the surrender; provided, however, that the birth parent or\nparents executing the surrender instrument shall be given the\nopport
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