BILL NUMBER:S3485

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:  2014: Referred to Children and
Families/A.9710-A ordered to third reading

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Immediate.