§ 384. Guardianship and custody of children not in foster care. 1.\nMethod. The guardianship of the person and the custody of a child who is\nnot in foster care under the age of eighteen years may be committed to\nan authorized agency by a written instrument which shall be known as a\nsurrender, 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, by the other of such\nparents;\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. The instrument shall recite that the authorized agency is\nthereby authorized and empowered to consent to the adoption of such\nchild in the place and stead of the person signing the instrument, and\nmay recite that the person signing the instrument waives any notice of\nsuch adoption; provided, however, that an authorized agency shall not\naccept a surrender instrument conditioned upon adoption by a particular\nperson, unless the agency has fully investigated and certified or\napproved such person as a qualified adoptive parent. Any surrender\ninstrument subject to the provisions of this section shall include an\nadoption information registry birth parent registration consent form,\nstating whether or not such biological parent or parents whose consent\nis subject to the provisions of this section, consents to the receipt of\nidentifying information by the child to be adopted, upon registration\nwith the adoption information registry established by section forty-one\nhundred thirty-eight-c of the public health law and upon the adoptee\nreaching the age of eighteen. If such consent is made, it shall be\nrevocable by either of the biological parents at any time. The\nrevocation of the consent by one of the parents shall revoke the consent\nof both parents. The failure of a biological parent to complete the\nconsent form shall have no effect on the finality of the consent to\nadoption. A copy of the form required by this subdivision, shall be\nforwarded to the state adoption information registry for inclusion in\nthe records maintained by such registry. Any fees authorized to be\ncharged by the state adoption registry for filing documentation with\nsuch registry shall be waived for the form required by this subdivision.\nNo such agency shall draw or receive money from public funds for the\nsupport of any such child except upon the written order or permit of the\nlocal social services official of the county or city sought to be\ncharged 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.\n If a surrender instrument does not designate a particular person or\npersons who will adopt the child, then the child's birth parent or\nparents, the authorized agency having care and custody of t
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