Senate Bill S1523A

                                BILL NUMBER:S1523A

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. See Matter of Jacob, 86 N.Y.S. 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: A.5652  Referred to Judiciary
2007-2008:       A.7449A Referred to Judiciary
2005-2006:       A.8329  Referred to Judiciary

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.

EFFECTIVE DATE:
Immediately.