Senate Bill S5142

                                
 
BILL NUMBER: S5142              REVISED MEMO 01/25/2018

SPONSOR: LANZA
 
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.