BILL NUMBER: S5737A
SPONSOR: SCARCELLA-SPANTON
 
TITLE OF BILL:
An act to amend the social services law, in relation to payments of
certain expenses by adoptive parents
 
SUMMARY OF PROVISIONS:
Section 1 amends subdivision 6 of section 374 of the social services
law, as amended by chapter 305 of the laws of 2008, to extend the period
in which payments to a birthmother shall be made by an adoptive family.
Section 2 provides that the act shall take effect on the thirtieth day
after it shall have become law and authorizes the immediate adoption of
any rules or regulations necessary for implementation on or before that
effective date.
 
JUSTIFICATION:
Raising a child can be costly and the expenses begin to accrue long
before a child is born. This is no less true when it comes to adoptions
and surrogacy. For women who can provide the gift of life to other fami-
lies, it is essential that they be justly compensated for the undertak-
ing and properly cared for while barring the child to term.
This billwould expand the period an adoptive family would have to pay
for, as far as expenses related to the carrying of the child. This can
include housing, maternity clothes, clothing for the child, and trans-
portation from 180 days before birth to 45 days. After the birth (or
parental consent to the adoption). Providing this relief to surrogate
mothers is crucial to providing a better life who all those involved,
especially the baby.
Additionally, the bill removes the word "exceptional" and permits the
court to authorize such payments where it determines, in writing, that
circumstances exist requiring them.
This change is important because it allows courts to respond more appro-
priately to the facts of individual cases without imposing an unneces-
sarily high threshold. A requirement of "circumstances" may unduly limit
judicial discretion even where continued support is plainly warranted.
By permitting a written finding that circumstances require payment, the
bill preserves judicial oversight white ensuring that necessary support
may still be provided in appropriate cases.
 
PRIOR LEGISLATIVE HISTORY:
A.10464 of 2024, referred to social services. Same as S.9008 of 2024,
passed Senate.
 
FISCAL IMPLICATIONS:
None to the state.
 
EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become law. Effective immediately, the addition, amendment and/or repeal
of any rule or regulation necessary for the implementation of this act
on its effective date are authorized to be made and completed on or
before such effective date.

Statutes affected:
S5737: 374 social services law, 374(6) social services law
S5737A: 374 social services law, 374(6) social services law