We found a match
Your institution may have access to this item. Find your institution then sign in to continue.
- Title
Whether you've tied the knot shouldn't matter: Anyone, regardless of marital status, should be permitted to adopt in New York if it is in the child's best interests.
- Authors
Struck, Melissa
- Abstract
New York Domestic Relations Law Section 110, which outlines who can adopt, precludes married petitioners from adopting without their spouse joining in the adoption petition, even when all parties involved support the adoption, and it is in the child's best interests. Some judges have prioritized the child's best interests and granted adoptions in such cases, while others have rigidly construed the statute and denied them. Amending the statute so that anyone can adopt, regardless of marital status, if it is in the child's best interests would ensure the child's best interests are the judicial system's primary consideration in approving adoptions. Key points for the family court community: New York Domestic Relations Law Section 110 provides: "An adult unmarried person, an adult married couple together, or any two unmarried adult intimate partners together may adopt another person."Although under New York law a married person cannot adopt without his or her spouse joining in the adoption petition unless the couple has a written separation agreement or judgment of separation, or has been living apart for three or more years, some married petitioners in intact marriages have been granted adoptions without their spouses joining in the petitions.Legally formalizing existing parent–child relationships was emotionally and pragmatically important for these families.Some states, such as California, Nevada, and New Jersey, expressly allow married petitioners to adopt without their spouses as co‐petitioners when the spouses provide written consent.Other states, such as Arizona and Vermont, allow married petitioners to adopt without their spouses as co‐petitioners but only require written consent when the adoptee is an adult.
- Subjects
MARITAL status; BEST interests of the child (Law); CHILD welfare; SEPARATION (Law); FAMILY law courts; PARENT-child legal relationship
- Publication
Family Court Review, 2024, Vol 62, Issue 2, p428
- ISSN
1531-2445
- Publication type
Article
- DOI
10.1111/fcre.12788