What's happening
This bill ensures that adoption petitions cannot be denied solely because the petitioner's parentage is already legally recognized in New York.
Why it matters
Protects families with established legal parentage. This bill ensures that individuals who are already recognized as legal parents in New York cannot be denied the opportunity to adopt a child solely because of their existing legal status, providing an extra layer of security for their parental rights.
Addresses gaps in multi-parent or non-traditional family structures. It is particularly relevant for LGBTQ+ families, families formed through assisted reproduction, or other non-traditional arrangements, where a second (or subsequent) parent might seek an adoption for additional legal clarity or protection.
Reduces unnecessary legal barriers and court costs. By clarifying that existing legal parentage cannot be the sole reason for denial, the bill streamlines the adoption process, potentially saving families from costly and stressful legal proceedings just to confirm rights they already possess.
Reinforces legal recognition across jurisdictions. Formal adoption decrees can be crucial when dealing with institutions or other states that may not recognize New York’s parentage determinations, so this bill helps ensure families have the documents they need for travel, medical care, or custody issues outside New York.
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Who cares
Headline styles
Allow Adoption By Legal Parent
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.346
- Referred to children and families
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.546
- 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.
Allow Adoption for Legal Parents
In Senate Committee · Children And Families · Sponsor Amy Paulin
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5142
2017-2018 Regular Sessions
IN SENATE
March 9, 2017
Introduced by Sen. LANZA -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families
AN ACT to amend the domestic relations law, in relation to adoption by a petitioner where such petitioner's parentage is legally-recognized
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 110 of the domestic relations law is amended by adding a new closing paragraph to read as follows:
A petition to adopt, pursuant to the terms of this article, 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.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01069-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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 impor- tant 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 that do not fully respect the rights of non-biological parents even when they are married. A New York adoption would be honored in another jurisdiction, and afforded full faith and credit. 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 peti- tion 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
2017: S.5142 -Died on Third Reading Calendar / A.2001- Passed Assembly 2016: S.3485 -Referred to Children & Families / A.23 -Passed Assembly 2015: S.3485 -Referred to Children & Families / A.23 -Passed Assembly 2014: S.7515-A- Referred to Children & Families / A.9710-A - Died on Third Reading Calendar
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.