NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5652B
SPONSOR: Rosenthal (MS) 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 togeth-
er 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
