New Montgomery/Robinson Law Allows New Yorkers Living and Dead to be Recognized as Adoptive Parents

Albany, NY (July 21, 2008): Under legislation recently signed into law by Governor David Paterson, adopted children will be able to claim two parents of record, even if one parent dies before the adoption is final.

The bill (S.3158/A.1942; Chapter 160) is sponsored by Senator Velmanette Montgomery (D-Brooklyn) and Assemblywoman Annette Robinson (D-Brooklyn).

In discussing the need for this law, Senator Montgomery noted that there is precedent for allowing a deceased parent to be recorded on the birth certificate of an adopted child. This authorization, however, is only made possible by enacting laws on a case-by-case basis.

"Our bill eliminates the need to address these cases individually by ensuring that all adoptive children can have two parents of record," said Senator Montgomery, who is the Ranking Democratic Member of the Senate Committee on Social Services, Children and Families.

Currently, only the adoptive parent who is living at the time the adoption is complete, is recorded on the birth certificate ate. In addition, if one of the parents dies before the adoption is approved, the proceeding is halted and the surviving parent must reapply for the adoption.

The law takes effect immediately and applies to future adoptive parents who pass away.