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This new law addresses the fact that it is not in the best interests of the child to be placed in the custody of or to visit with a person who has been convicted of a sexual assault, which resulted in their conception.
“New York doesn’t restrict the attacker’s visitation or custody rights,” Paulin said in a statement. “So the bottom line, right now, is that if a woman is attacked and a child is the result of that attack then the possibility exists that she would be forced to raise her child with the person who abused her.”
Current law also provides that any person convicted of rape in the first degree has no right to be notified if the victim decides to put the baby, conceived as a result of the attack, up for adoption. This new law extends this provision to apply to those convicted of other sexual assaults, and also provide that there is no right to be notified when a child is surrendered to foster care.
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