N.Y. Laws » CHAPTER Domestic Relations / ARTICLE Adoption / TITLE Adoptions Generally
New York Consolidated Laws

N.Y. Domestic Relations Law § 109 (2026)

Definitions

✓ text as retrieved May 2026 (this copy records no edition or section history)
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§ 109. Definitions. When used in this article, unless the context or
subject matter manifestly requires a different interpretation:
  1. "Adoptive parent" or "adoptor" shall mean a person adopting and
"adoptive child" or "adoptee" shall mean a person adopted.
  2. "Judge" shall mean a judge of the family court of any county in the
state.
  3. "Surrogate" shall mean the surrogate of any county in the state and
any other judicial officer while acting in the capacity of surrogate.
  4. "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.
  5. "Private-placement adoption" shall mean any adoption other than
that of a minor who has been placed for adoption by an authorized
agency.
  6. "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.
  7. "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.
Notes of Decisions
Cited in 11 cases (1 in the last 5 years), 1986–2025 · leading case: In re Alexandria Mary, 227 A.D.2d 44 (N.Y. App. Div. 4th Dep't 1996).
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In re Alexandria Mary, 227 A.D.2d 44 (N.Y. App. Div. 4th Dep't 1996). “Respondent is an "authorized agency” as that term is defined in Domestic Relations Law § 109 (4), Social Services Law § 371 (10) (a) and 18 NYCRR 421.”
In re Shawanda R., 17 Misc. 3d 437 (N.Y.C. Fam. Ct. 2007). “) When a surrender is requested by a parent of a child who is not in foster care, it is a social services official who must determine whether a surrender would serve the child’s best interests. (18 NYCRR 421.6 [j].”
In re the Adoption of Baby Boy L., 157 Misc. 2d 353 (N.Y.C. Fam. Ct. 1993). “In this private placement adoption proceeding commenced pursuant to the provisions of article VII of the Domestic Relations Law (Domestic Relations Law § 109 et seq.), the biological mother has timely revoked her "extra-judicial” adoption consent, thereby triggering what is…”
Matter of Jason TT. v. Linsey UU., 242 A.D.3d 84 (N.Y. App. Div. 3d Dep't 2025). · cites it 2× “An adoption may result from a termination proceeding initiated by an authorized agency as defined under the Social Services Law ( see Domestic Relations Law § 109 [4]; Social Services Law §§ 383-c, 384-b).”
In re the Adoption of Elizabeth P. S., 134 Misc. 2d 144 (N.Y.C. Fam. Ct. 1986). “In this private placement adoption proceeding commenced pursuant to Domestic Relations Law article 7 (Domestic Relations Law § 109 et seq.) the petitioner Eileen C.”
Greene Cnty. Dep't of Soc. Servs. v. Ward, 870 N.E.2d 1132 (N.Y. 2007). “to an authorized agency, the Rensselaer County Department of Social Services”]; see also Social Services Law § 371 [10] [a]; Domestic Relations Law § 109 [7]), GCDSS must, under the applicable regulations, inform applicants for surrender of the parental support obligation.”
In re Caroline, 218 A.D.2d 388 (N.Y. App. Div. 4th Dep't 1996). “II A private-placement adoption is "any adoption other than that of a minor who has been placed for adoption by an authorized agency” (Domestic Relations Law § 109 [5]), and is governed generally by Domestic Relations Law §§ 112, 114 and 115 (see, Domestic Relations Law § 115…”
Matter of Marian T. (Lauren R.), 2018 NY Slip Op 8002 (N.Y. App. Div. 3d Dep't 2018). “This is consistent with the statutory definition of "adoptive child" or "adoptee" as "a person adopted," without limitation as to age (Domestic Relations Law § 109 [1]). When an adoptee is over the age of 14, his or her consent is required, " unless the judge or surrogate in his…”
Matter of Greene Cnty. Dept. of Soc. Servs. v. Ward, 870 N.E.2d 1132 (N.Y. 2007). “to an authorized agency, the Rensselaer County Department of Social Services"]; see also Social Services Law § 371 [10] [a]; Domestic Relations Law § 109 [7]), GCDSS must, under the applicable regulations, inform applicants for surrender of the parental support obligation.”
Matter of Shawanda R., 2007 NY Slip Op 27350 (N.Y. Fam. Ct., Kings Cty. 2007). “) When a surrender is requested by a parent of a child who is not in foster care, it is a social services official who must determine whether a surrender would serve the child's best interests. (18 NYCRR 421.6 [j].) Neither the Administration for Children's Services nor an…”
In re Richardson, 153 Misc. 2d 376 (N.Y. Sup. Ct. 1992). “(Domestic Relations Law § 109 [4]; Social Services Law § 371 [10].”
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