When used in this article, unless the context or subject matter manifestly requires a different interpretation:
“Adoptive parent” or “adopter” shall mean a person adopting and “adoptive child” or “adoptee” shall mean a person adopted.
“Judge” shall mean a judge of the family court of any county in the state.
“Surrogate” shall mean the surrogate of any county in the state and any other judicial officer while acting in the capacity of surrogate.
“Authorized agency” shall mean an authorized agency as defined in the social services law and, for the purpose of this article, shall include such corporations incorporated or organized under the laws of this state as may be specifically authorized by their certificates of incorporation to receive children for purposes of adoption.
“Private placement adoption” shall mean any adoption other than that of a minor who has been placed for adoption by an authorized agency.
“Lawful custody” shall mean a custody (a) specifically authorized by statute or (b) pursuant to judgment, decree or order of a court or (c) otherwise authorized by law.
“A child who has been surrendered to an authorized agency for the purpose of adoption” shall mean a child who has been surrendered to such an agency pursuant to the provisions of section three hundred eighty-three-c or three hundred eighty-four of the social services law.
3 NY Civil Practice: Family Court Proceedings § 38A.02
It is important to understand the interrelation between the sections of the Social Services Law discussed in this chapter—SSL §§ 383-c, 384, and 384-b—and DRL Article 7, which concerns adoption. The procedures outlined in SSL §§ 383-c, 384 and 384-b are the prerequisites to agency adoptions under the Domestic Relations Law. Once guardianship and custody of a child have been transferred to an authorized agency, the agency can consent to the child’s adoption. Guardianship and custody of a child, however, can only be committed to an agency through a voluntary surrender, pursuant to SSL §§ 383-c, 384, or upon the statutory grounds set forth in SSL § 384-b, relating to involuntary termination of parental rights.
