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History
- Print number 7515a
- Amend (t) and recommit to children and families
- Referred to children and families
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Relates to adoption by a petitioner where such petitioner's parentage is legally-recognized
Assembly Floor Calendar · Sponsor Amy Paulin
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S7515A
Title of bill
An act to amend the domestic relations law, in relation to adoption by a petitioner where such petitioner's parentage is legally-recognized
Purpose or general idea of bill
To explicitly codify in statute that a petition to adopt, where the petitioner's parentage is legally-recognized under New York State law shall not be denied solely on the basis that the petitioner's parentage is already legally-recognized.
Summary of specific provisions
Section one amends section 110 of the domestic relations law to provide that a petition to adopt, where the petitioner's parentage is legally-recognized under New York State law shall not be denied solely on the basis that the petitioner's parentage is already legally-recognized.
Section two provides the effective date.
Justification
Under existing New York law, judges already have the ability to grant an adoption of a child by a petitioner whose parentage is already legally-recognized. These adoptions are routinely granted and can be very important for many same-sex couples and their children.
While the spouse of a woman who gives birth to a child is presumed to be the child's parent, same-sex couples find themselves in a legally precarious position when traveling in places where same-sex marriages are not recognized. A New York adoption would be honored in another jurisdiction, and afforded full faith and credit, even if a couple's marriage was not. This gives children the security that both their parents will be legally recognized wherever family members may be.
Already under existing law, judges may and routinely do grant these adoptions. Despite this clear legal authority, a Surrogate's Court in Brooklyn recently denied a married same-sex couple an adoption. This bill further codifies the existing law to explicitly state that a petition to adopt shall not be denied solely on the basis that the petitioner's parentage is already legally-recognized. This bill ensures that couples' access to such adoptions could not be fettered by future court decisions.
Prior legislative history
This is a new bill
Fiscal implications
None.
Effective date
Immediate.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.