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New York Consolidated Laws, Surrogate's Court Procedure Act - SCP § 1705. Persons to be served

Current as of January 01, 2026 | Updated by Findlaw Staff

1. Upon presentation of the petition process shall issue:

(a) To the parent or parents, and if the infant is married, to the spouse, if such persons are within the state and their residences therein are known, or if there be none, to the grandparents who are within the county.

(b) To the person having the care and custody of the infant or with whom he resides.

(c) If the application is made in behalf of an infant over the age of 14 years by any person, to the infant.

2. No process shall be necessary to a parent who has abandoned the infant or is deprived of civil rights or divorced from the parent having legal custody of the infant or an incompetent or who is otherwise judicially deprived of the custody of the infant or in case the infant is married to a spouse who has abandoned the infant or is deprived of civil rights or divorced or an incompetent.

3. The court shall ascertain so far as practicable what relatives of the infant are domiciled in its county or elsewhere and with whom the infant resides and it may issue process to any relative or class of relatives to show cause why the appointment should not be made.

4. Repealed.

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Cite this article: FindLaw.com - New York Consolidated Laws, Surrogate's Court Procedure Act - SCP § 1705. Persons to be served - last updated January 01, 2026 | https://codes.findlaw.com/ny/surrogates-court-procedure-act/scp-sect-1705/

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