NY State Senate Bill 2013-S7515A

Senate Bill S7515A

2013-2014 Legislative Session

Relates to adoption by a petitioner where such petitioner's parentage is legally-recognized

download bill text pdf

Archive: Last Bill Status - In Senate Committee Children And Families Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 02, 2014	print number 7515a
Jun 02, 2014	amend (t) and recommit to children and families
May 15, 2014	referred to children and families

Bill Amendments

Original

A (Active)

2013-S7515 - Details

See Assembly Version of this Bill:: A9710
Current Committee:: Senate Children And Families
Law Section:: Domestic Relations Law
Laws Affected:: Amd §110, Dom Rel L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S3485, A23
2017-2018: S5142, A2001
2019-2020: S3999, A460

2013-S7515 - Summary

Relates to adoption by a petitioner where such petitioner's parentage is legally-recognized.

2013-S7515 - Sponsor Memo

                                BILL NUMBER:S7515

TITLE OF BILL:  An act to amend the domestic relations law, in
relation to adoption by a person with a legally-recognized or
presumptive parent-child relationship

PURPOSE OR GENERAL IDEA OF BILL:

To explicitly codify in statute that an adult is not prevented from
adopting a child with whom he or she already has a legally-recognized
or presumptive parent-child relationship.

SUMMARY OF SPECIFIC PROVISIONS:

Section one amends section 110 of the domestic relations law to
provide that nothing in the article shall prevent an adult from
adopting a child with whom he or she already has a legally-recognized
or presumptive parent-child relationship.

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 an adult with whom the child already has a
legally-recognized or presumptive parent-child relationship. These

adoptions are routinely granted and can be very important 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 such
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
nothing shall prevent an adult from adopting a child with whom he or
she already has a legally-recognized or presumptive parent-child
relationship. This bill ensures that couples' access to such adoptions
could not be fettered by future court decisions.

PRIOR LEGISLATIVE HISTORY:

This is a new bill.

FISCAL IMPLICATION:

None.

EFFECTIVE DATE:

Immediate.

2013-S7515 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7515

                            I N  S E N A T E

                              May 15, 2014
                               ___________

Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Children and Families

AN ACT to amend the domestic relations law, in relation to adoption by a
  person with a legally-recognized or presumptive parent-child relation-
  ship

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  110  of the domestic relations law is amended by
adding a new closing paragraph to read as follows:
  NOTHING IN THIS ARTICLE SHALL PREVENT AN ADULT FROM ADOPTING  A  CHILD
WITH  WHOM  HE  OR  SHE  ALREADY HAS A LEGALLY-RECOGNIZED OR PRESUMPTIVE
PARENT-CHILD RELATIONSHIP.
  S 2. This act shall take effect immediately.








 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15205-02-4

2013-S7515A (ACTIVE) - Details

See Assembly Version of this Bill:: A9710
Current Committee:: Senate Children And Families
Law Section:: Domestic Relations Law
Laws Affected:: Amd §110, Dom Rel L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S3485, A23
2017-2018: S5142, A2001
2019-2020: S3999, A460

2013-S7515A (ACTIVE) - Summary

Relates to adoption by a petitioner where such petitioner's parentage is legally-recognized.

2013-S7515A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S7515A

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 important 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
petition 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:

This is a new bill

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:


Immediate.

2013-S7515A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7515--A

                            I N  S E N A T E

                              May 15, 2014
                               ___________

Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Children and  Families  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

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:

  Section  1.  Section  110  of the domestic relations law is amended by
adding a new closing paragraph to read as follows:
  A PETITION TO ADOPT, PURSUANT TO THE TERMS OF THIS ARTICLE, 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.
  S 2. This act shall take effect immediately.







 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15205-04-4

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