Bill S3485-2015

Relates to adoption by a petitioner where such petitioner's parentage is legally-recognized

Relates to adoption by a petitioner where such petitioner's parentage is legally-recognized.

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  • Feb 10, 2015: REFERRED TO CHILDREN AND FAMILIES

Memo

BILL NUMBER:S3485

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: 2014: Referred to Children and Families/A.9710-A ordered to third reading

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Immediate.


Text

STATE OF NEW YORK ________________________________________________________________________ 3485 2015-2016 Regular Sessions IN SENATE February 10, 2015 ___________
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 ASSEM- BLY, 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. S 2. This act shall take effect immediately.

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