§ 110. Who may adopt; effect of article.
683 words·~3 min read·
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§ 110. Who may adopt; effect of article. An adult unmarried person,
an adult married couple together, or any two unmarried adult intimate
partners together may adopt another person. An adult married person who
is living separate and apart from his or her spouse pursuant to a decree
or judgment of separation or pursuant to a written agreement of
separation subscribed by the parties thereto and acknowledged or proved
in the form required to entitle a deed to be recorded or an adult
married person who has been living separate and apart from his or her
spouse for at least three years prior to commencing an adoption
proceeding may adopt another person; provided, however, that the person
so adopted shall not be deemed the child or step-child of the
non-adopting spouse for the purposes of inheritance or support rights or
obligations or for any other purposes. An adult or minor married couple
together may adopt a child of either of them born in or out of wedlock
and an adult or minor spouse may adopt such a child of the other spouse.
No person shall hereafter be adopted except in pursuance of this
article, and in conformity with section three hundred seventy-three of
the social services law.
An adult married person who has executed a legally enforceable
separation agreement or is a party to a marriage in which a valid decree
of separation has been entered or has been living separate and apart
from his or her spouse for at least three years prior to commencing an
adoption proceeding and who becomes or has been the custodian of a child
placed in their care as a result of court ordered foster care may apply
to such authorized agency for placement of said child with them for the
purpose of adoption. Final determination of the propriety of said
adoption of such foster child, however, shall be within the sole
discretion of the court, as otherwise provided herein.
Adoption is the legal proceeding whereby a person takes another person
into the relation of child and thereby acquires the rights and incurs
the responsibilities of parent in respect of such other person.
A proceeding conducted in pursuance of this article shall constitute a
judicial proceeding. An order of adoption or abrogation made therein by
a surrogate or by a judge shall have the force and effect of and shall
be entitled to all the presumptions attaching to a judgment rendered by
a court of general jurisdiction in a common law action.
No adoption heretofore lawfully made shall be abrogated by the
enactment of this article. All such adoptions shall have the effect of
lawful adoptions hereunder.
Nothing in this article in regard to a minor adopted pursuant hereto
inheriting from the adoptive parent applies to any will, devise or trust
made or created before June twenty-fifth, eighteen hundred
seventy-three, nor alters, changes or interferes with such will, devise
or trust. As to any such will, devise or trust a minor adopted before
that date is not an heir so as to alter estates or trusts or devises in
wills so made or created. Nothing in this article in regard to an adult
adopted pursuant hereto inheriting from the adoptive parent applies to
any will, devise or trust made or created before April twenty-second,
nineteen hundred fifteen, nor alters, changes or interferes with such
will, devise or trust. As to any such will, devise or trust an adult so
adopted is not an heir so as to alter estates or trusts or devises in
wills so made or created.
It shall be unlawful to preclude a prospective adoptive parent or
parents solely on the basis that the adoptor or adopters has had, or has
cancer, or any other disease. Nothing herein shall prevent the rejection
of a prospective applicant based upon his or her poor health or limited
life expectancy.
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.