NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A23
SPONSOR: Paulin (MS) 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 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 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:
A.9710-A, 2014 ordered to third reading. Same as S.7515-A, 2014 referred
to children and families.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
Immediate.
STATE OF NEW YORK
________________________________________________________________________
23
2015-2016 Regular Sessions
IN ASSEMBLY(Prefiled)
January 7, 2015
___________
Introduced by M. of A. PAULIN, BARRETT, GOTTFRIED, FAHY, CLARK, RYAN,
SKARTADOS, TITONE -- Multi-Sponsored by -- M. of A. RIVERA -- read
once and referred to the Committee on Judiciary
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:
1 Section 1. Section 110 of the domestic relations law is amended by
2 adding a new closing paragraph to read as follows:
3 A petition to adopt, pursuant to the terms of this article, where the
4 petitioner's parentage is legally-recognized under New York State law
5 shall not be denied solely on the basis that the petitioner's parentage
6 is already legally-recognized.
7 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00288-01-5
