Assembly Bill A5652B

Signed By Governor

2009-2010 Legislative Session

Permits adoption by two unmarried adult intimate partners

download bill text pdf

Archive: Last Bill Status Via S1523 - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Sep 17, 2010	approval memo.25 signed chap.509
Sep 07, 2010	delivered to governor
Jul 01, 2010	returned to senate passed assembly
Jun 29, 2010	ordered to third reading rules cal.427 substituted for a5652b
Jun 29, 2010	substituted by s1523a rules report cal.427 reported
Jun 03, 2010	reported referred to rules
May 17, 2010	print number 5652b
May 17, 2010	amend and recommit to judiciary
Apr 12, 2010	print number 5652a
Apr 12, 2010	amend (t) and recommit to judiciary
Jan 06, 2010	referred to judiciary
Feb 17, 2009	referred to judiciary

Votes

- Jun 24, 2010 - Floor Vote
  S1523
  
  Aye
  
  40
  
  Nay
  
  21
  
  Absent
  
  0
  
  Excused
  
  1
  
  Abstained
  
  0
  - - Floor Vote: Jun 24, 2010
      
      aye (40)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Breslin
      
      Dilan
      
      Duane
      
      Espada
      
      Flanagan
      
      Foley
      
      Fuschillo
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Klein
      
      Krueger
      
      Kruger
      
      LaValle
      
      Lanza
      
      Little
      
      Marcellino
      
      Montgomery
      
      Onorato
      
      Oppenheimer
      
      Padavan
      
      Parker
      
      Peralta
      
      Perkins
      
      Robach
      
      Sampson
      
      Savino
      
      Schneiderman
      
      Serrano
      
      Smith
      
      Squadron
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      Winner
      
      nay (21)
      
      Aubertine
      
      Bonacic
      
      DeFrancisco
      
      Diaz
      
      Farley
      
      Golden
      
      Griffo
      
      Hannon
      
      Johnson
      
      Larkin
      
      Leibell
      
      Libous
      
      Maziarz
      
      McDonald
      
      Nozzolio
      
      Ranzenhofer
      
      Saland
      
      Seward
      
      Skelos
      
      Volker
      
      Young
      
      excused (1)
      
      Morahan
  Mar 2, 2010 - Children And Families Committee Vote
  S1523
  
  Aye
  
  4
  
  Nay
  
  0
  
  Aye with Reservations
  
  2
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Children And Families Committee Vote: Mar 2, 2010
      
      aye (4)
      
      Duane
      
      Huntley
      
      Montgomery
      
      Schneiderman
      
      aye wr (2)
      
      Marcellino
      
      McDonald

Bill Amendments

co-Sponsors

View additional co-sponsors

multi-Sponsors

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2009-A5652 - Details

See Senate Version of this Bill:: S1523
Law Section:: Domestic Relations Law
Laws Affected:: Amd §110, Dom Rel L

2009-A5652 - Summary

Permits adoption by two unmarried adult intimate partners.

2009-A5652 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5652

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 17, 2009
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL,  BRADLEY,  DINOWITZ, GLICK, HOYT,
  JAFFEE, LAVINE, O'DONNELL, PAULIN -- Multi-Sponsored by --  M.  of  A.
  BING,  BOYLAND,  BRENNAN,  CAHILL,  GOTTFRIED,  JOHN, KELLNER, MAISEL,
  PHEFFER, N. RIVERA, TITONE, WEISENBERG -- read once  and  referred  to
  the Committee on Judiciary

AN  ACT  to amend the domestic relations law, in relation to authorizing
  two unmarried adults to adopt a child

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  first  undesignated  paragraph of section 110 of the
domestic relations law, as amended by chapter 254 of the laws  of  1991,
is amended to read as follows:
  An  adult  unmarried  person [or], an adult husband and his adult wife
together, OR ANY TWO UNMARRIED ADULTS TOGETHER may adopt another person.
An adult married person who is living separate and apart from his or her
spouse pursuant to a decree or judgment of separation or pursuant  to  a
written  agreement  of  separation subscribed by the parties thereto and
acknowledged or proved in the form required to  entitle  a  deed  to  be
recorded  or  an  adult  married person who has been living separate and
apart from his or her spouse for at least three years prior to  commenc-
ing  an adoption proceeding may adopt another person; provided, however,
that the person so adopted shall not be deemed the child  or  step-child
of  the  non-adopting  spouse for the purposes of inheritance or support
rights or obligations or for any  other  purposes.  An  adult  or  minor
husband and his adult or minor wife together may adopt a child of either
of  them  born  in or out of wedlock and an adult or minor husband or an
adult or minor wife may adopt such a  child  of  the  other  spouse.  No
person  shall  hereafter be adopted except in pursuance of this article,
and in conformity with section three hundred seventy-three of the social
services law.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01449-02-9

co-Sponsors

View additional co-sponsors

multi-Sponsors

View additional multi-sponsors

2009-A5652A - Details

See Senate Version of this Bill:: S1523
Law Section:: Domestic Relations Law
Laws Affected:: Amd §110, Dom Rel L

2009-A5652A - Summary

Permits adoption by two unmarried adult intimate partners.

2009-A5652A - Sponsor Memo

                                BILL NUMBER:A5652A

TITLE OF BILL:  An act to amend the domestic relations law, in relation
to authorizing two unmarried adult intimate partners to adopt a child

PURPOSE OR GENERAL IDEA OF BILL:  To allow the adoption of a child by
two unmarried adults in keeping with the state's policy to ensure the
best interests of a child.

SUMMARY OF SPECIFIC PROVISIONS: Section 110 of domestic relations law,
which governs who may adopt, is amended to permit any two unmarried
adults together to adopt.

JUSTIFICATION: Current New York State law allows an adult unmarried
person or an adult husband and his adult wife together to adopt a child.
In Matter of Jacob and Matter of Dana the Court of Appeals asserted
that: the unmarried partner of a child's biological mother, whether
heterosexual (Jacob) or homosexual (Dana), who is raising the child
together with the child's biological parent, has standing to become the
child's second parent by means of adoption. The decision of the court
stated that the statute uses the word "together" simply to insure that
one spouse does not adopt a child without the other spouse's knowledge
or over the other's objection.  It does not preclude an unmarried person
in a relationship with another unmarried person from adopting.

Despite these decisions, there are still known court cases which have

ruled that New York law does not permit a joint adoption of two unmar-
ried adults, neither of which is the biological parent.  Unmarried
couples seeking to have a child adopted by the second parent are finding
that some courts are terminating the rights of one parent and simply
granting rights to the other parent. This can be particularly problemat-
ic for couples adopting children overseas where only one parent adopts
in the foreign country and the second parent seeks to adopt in New York
State.

Allowing two unmarried adults together to adopt a child will also ensure
the child receives the full benefits that the Court envisioned in Matter
of Jacob and Matter of Dana including:

*Social security benefit in the event of a parent's death or disability;

*Life insurance benefits in the event of a parent's death;

*The right to sue for wrongful death of a parent;

*The rule to inherit under the rules of intestacy;

*Eligibility for health insurance coverage under both parents' health
insurance policies;

*The right to have two parents participate in medical decisions in the
event of an emergency;

*The right to receive economic support from two parents;

*The emotional security of knowing that in the event of death of parent,
the other will have presumptive custody;

*The right to continue the relationships with both.parent and extended
families in the event of a separation; and

*The right to have both parents named on the birth certificate. PRIOR

LEGISLATIVE HISTORY:; 2005-06: A.8329 referred to Judiciary

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: Immediately

2009-A5652A - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5652--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 17, 2009
                               ___________

Introduced by M. of A. ROSENTHAL, DINOWITZ, GLICK, HOYT, JAFFEE, LAVINE,
  O'DONNELL,  PAULIN  --  Multi-Sponsored  by -- M. of A. BING, BOYLAND,
  BRENNAN, CAHILL, GOTTFRIED, JOHN, KELLNER, MAISEL, PHEFFER, N. RIVERA,
  SCHIMEL, TITONE, WEISENBERG -- read once and referred to the Committee
  on Judiciary -- recommitted to the Committee on Judiciary  in  accord-
  ance  with  Assembly  Rule  3,  sec.  2  -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN  ACT  to amend the domestic relations law, in relation to authorizing
  two unmarried adult intimate partners to adopt a child

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  first  undesignated  paragraph of section 110 of the
domestic relations law, as amended by chapter 254 of the laws  of  1991,
is amended to read as follows:
  An  adult unmarried person [or], an adult [husband and his adult wife]
MARRIED COUPLE together, OR ANY TWO UNMARRIED  ADULT  INTIMATE  PARTNERS
TOGETHER may adopt another person. An adult married person who is living
separate  and apart from his or her spouse pursuant to a decree or judg-
ment of separation or pursuant to  a  written  agreement  of  separation
subscribed by the parties thereto and acknowledged or proved in the form
required to entitle a deed to be recorded or an adult married person who
has  been  living separate and apart from his or her spouse for at least
three years prior to commencing an adoption proceeding may adopt another
person; provided, however, that the  person  so  adopted  shall  not  be
deemed  the  child  or  step-child  of  the  non-adopting spouse for the
purposes of inheritance or support rights  or  obligations  or  for  any
other  purposes.  An  adult or minor husband and his adult or minor wife
together may adopt a child of either of them born in or out  of  wedlock
and an adult or minor husband or an adult or minor wife may adopt such a
child  of  the other spouse. No person shall hereafter be adopted except
in pursuance of this article,  and  in  conformity  with  section  three
hundred seventy-three of the social services law.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01449-03-0

co-Sponsors

View additional co-sponsors

multi-Sponsors

View additional multi-sponsors

2009-A5652B (ACTIVE) - Details

See Senate Version of this Bill:: S1523
Law Section:: Domestic Relations Law
Laws Affected:: Amd §110, Dom Rel L

2009-A5652B (ACTIVE) - Summary

Permits adoption by two unmarried adult intimate partners.

2009-A5652B (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A5652B

TITLE  OF BILL:  An act to amend the domestic relations law, in relation
to authorizing two unmarried adult intimate partners to adopt a child

PURPOSE OF BILL:  The purpose of this bill is to permit adoption by  two
adult  unmarried intimate partners in keeping with the state's policy to
ensure the best interests of the child.

SUMMARY:  The bill amends Section 110 of the domestic relations  law  to
permit  two adult unmarried intimate partners to adopt a child together.
In addition, by replacing current references in the law to  husband  and
wife  with  the gender neutral term "married couple", this proposal also
clarifies that all married couples may adopt a child together.

JUSTIFICATION:  Current statutory provisions in New York State allow  an
adult  unmarried  person or an adult husband and his adult wife together
to adopt a child. In addition, the statutory provisions permit an  adult
or  minor  husband  and  his  adult  or minor wife to adopt each other's
child.

Courts have misinterpreted the word "together" in the statute to have  a
preclusive  effect  on the ability of unmarried couples to adopt a child
together. In Matter of Jacob and Matter of Dana, the  Court  of  Appeals
ruled that the unmarried partner of a child's biological mother, whether
heterosexual  (Jacob)  or  homosexual  (Dana),  who is raising the child

together with the child's biological parent, has standing to become  the
child's  second  parent by means of adoption.  The decision of the court
stated that the statute uses the word "together" simply to  insure  that
one  spouse  does not adopt a child without the other spouse's knowledge
or over the other's objection.  The court determined  that  the  statute
does  not  preclude  an unmarried second parent from adopting his or her
partner's children and that this principal  applies  regardless  of  the
couple's  marital  status or sexual orientation. Sec Matter of Jacob, 86
N.Y.2d 651 (1995).

Despite these decisions, there is confusion about whether New  York  law
permits a joint adoption by unmarried adult couples, neither of which is
the  biological parent. This can be particularly problematic for couples
adopting children overseas where only one parent adopts in  the  foreign
country  and  the  second  parent seeks to adopt in New York State. This
legislation codifies the Court of Appeal's decision in Matter  of  Jacob
and  Matter  of  Dana, and will help ensure that unmarried adult couples
may jointly adopt a child  together  where  neither  is  the  biological
parent  of the child - a question that was not addressed by the court of
appeals decision. See In re Adoption of Carolyn  B.,  774  N.Y.S.2d  227
(N.Y. App, Div. 2004).

Allowing  unmarried  adult  couples  together to adopt a child will also
ensure the child receives the full benefits that the Court envisioned in
Matter of Jacob and Matter of Dana including:

* Social security benefit in the event of a parent's death or disability

* Life insurance benefits in the event of a parent's death; The right to
sue for wrongful death of a parent;

* The rule to inherit under the rules of intestacy;

*  Eligibility  for health insurance coverage under both parents' health
insurance policies;

* The right to have two parents participate in medical decisions in  the
event of an emergency;

* The right to receive economic support from two parents;

*  The  emotional  security  of  knowing  that  in the event of death of
parent, the other will have presumptive custody;

* The right to continue the relationships with both parent and  extended
families in the event of a separation; and

* The right to have both parents named on the birth certificate.

In  addition,  by  replacing  references  to "husband and wife" with the
gender-neutral term "married couple", this measure will help ensure that
all married couples, regardless of their sexual orientation, have  equal
rights to adopt a child together.

LEGISLATIVE HISTORY:
Similar to 2009: A5652 referred to Judiciary;
2007-2008: A7449A referred to Judiciary;
2005-06: A.8329 referred to Judiciary

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:  None.

EFFECTIVE DATE: Immediately

2009-A5652B (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5652--B

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 17, 2009
                               ___________

Introduced by M. of A. ROSENTHAL, DINOWITZ, GLICK, HOYT, JAFFEE, LAVINE,
  O'DONNELL,  PAULIN,  D. WEPRIN -- Multi-Sponsored by -- M. of A. BING,
  BOYLAND, BRENNAN, CAHILL, GOTTFRIED, JOHN, KELLNER,  MAISEL,  PHEFFER,
  N. RIVERA,  SCHIMEL,  TITONE,  WEISENBERG -- read once and referred to
  the Committee on Judiciary -- recommitted to the Committee on  Judici-
  ary   in  accordance  with  Assembly  Rule  3,  sec.  2  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee -- again reported from said  committee  with  amend-
  ments, ordered reprinted as amended and recommitted to said committee

AN  ACT  to amend the domestic relations law, in relation to authorizing
  two unmarried adult intimate partners to adopt a child

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  first  undesignated  paragraph of section 110 of the
domestic relations law, as amended by chapter 254 of the laws  of  1991,
is amended to read as follows:
  An  adult unmarried person [or], an adult [husband and his adult wife]
MARRIED COUPLE together, OR ANY TWO UNMARRIED  ADULT  INTIMATE  PARTNERS
TOGETHER may adopt another person. An adult married person who is living
separate  and apart from his or her spouse pursuant to a decree or judg-
ment of separation or pursuant to  a  written  agreement  of  separation
subscribed by the parties thereto and acknowledged or proved in the form
required to entitle a deed to be recorded or an adult married person who
has  been  living separate and apart from his or her spouse for at least
three years prior to commencing an adoption proceeding may adopt another
person; provided, however, that the  person  so  adopted  shall  not  be
deemed  the  child  or  step-child  of  the  non-adopting spouse for the
purposes of inheritance or support rights  or  obligations  or  for  any
other  purposes. An adult or minor [husband and his adult or minor wife]
MARRIED COUPLE together may adopt a child of either of them born  in  or
out of wedlock and an adult or minor [husband or an adult or minor wife]

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01449-06-0

A. 5652--B                          2

SPOUSE may adopt such a child of the other spouse. No person shall here-
after  be adopted except in pursuance of this article, and in conformity
with section three hundred seventy-three of the social services law.
  S 2. This act shall take effect immediately.

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Assembly Bill A5652B

Signed By Governor

Sponsored By

Archive: Last Bill Status Via S1523 - Signed by Governor

Actions

Votes

Jun 24, 2010 - Floor Vote

Floor Vote: Jun 24, 2010

Mar 2, 2010 - Children And Families Committee Vote

Children And Families Committee Vote: Mar 2, 2010

Bill Amendments

co-Sponsors

multi-Sponsors

2009-A5652 - Details

2009-A5652 - Summary

2009-A5652 - Bill Text download pdf

co-Sponsors

multi-Sponsors

2009-A5652A - Details

2009-A5652A - Summary

2009-A5652A - Sponsor Memo

2009-A5652A - Bill Text download pdf

co-Sponsors

multi-Sponsors

2009-A5652B (ACTIVE) - Details

2009-A5652B (ACTIVE) - Summary

2009-A5652B (ACTIVE) - Sponsor Memo

2009-A5652B (ACTIVE) - Bill Text download pdf

Comments

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Get Status Alerts for 2009-A5652B

Assembly Bill A5652B

Signed By Governor

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Sponsored By

ROSENTHAL

Archive: Last Bill Status Via S1523 - Signed by Governor

Actions

Votes

Bill Amendments

co-Sponsors

Jeffrey Dinowitz

Deborah Glick

Sam Hoyt

Ellen C. Jaffee

multi-Sponsors

Jonathan Bing

William Boyland

James F. Brennan

Kevin Cahill

2009-A5652 - Details

2009-A5652 - Summary

2009-A5652 - Bill Text download pdf

co-Sponsors

Jeffrey Dinowitz

Deborah Glick

Sam Hoyt

Ellen C. Jaffee

multi-Sponsors

Jonathan Bing

William Boyland

James F. Brennan

Kevin Cahill

2009-A5652A - Details

2009-A5652A - Summary

2009-A5652A - Sponsor Memo

2009-A5652A - Bill Text download pdf

co-Sponsors

Jeffrey Dinowitz

Deborah Glick

Sam Hoyt

Ellen C. Jaffee

multi-Sponsors

Jonathan Bing

William Boyland

James F. Brennan

Kevin Cahill

2009-A5652B (ACTIVE) - Details

2009-A5652B (ACTIVE) - Summary

2009-A5652B (ACTIVE) - Sponsor Memo

2009-A5652B (ACTIVE) - Bill Text download pdf

Comments