New York State Assembly

 
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A00460 Summary:

A00460 Actions:

A00460 Committee Votes:

Committee:JUDICIARY   Chair:Dinowitz      
DATE:01/28/2019AYE/NAY:20/1  Action: Favorable         
Dinowitz
Aye
Palumbo
Aye
Titus
Aye
Montesano
Nay
Lavine
Aye
Goodell
Aye
Zebrowski
Aye
Norris
Aye
Weprin
Aye
Walsh
Aye
Braunstein
Aye
Byrnes
Aye
Simotas
Aye
Quart
Aye
Buchwald
Aye
Steck
Aye
Seawright
Aye
Joyner
Aye
Abinanti
Aye
Wright
Aye
Wallace
Aye

A00460 Floor Votes:

A00460 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)



 
BILL NUMBER: A460
 
SPONSOR: Paulin (MS)

 
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 impor-
tant 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 that do not fully respect
the rights of non-biological parents even when they are married. A New
York adoption would be honored in another jurisdiction, and afforded
full faith and credit. 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 peti-
tion 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:
 
2018: A.2001 Passed Assembly/S.5142Committed to Rules
2017: A.2001 Passed Assembly/S.5142Committed to Rules
2016: A.23 Passed Assembly / S.3485 Referred to Children and Families
2015: A.23 Passed Assembly / S.3485 Referred to Children and Families
2014: A.9710-A Ordered to Third Reading / S.7515-A Referred to Children
and Families
 
 
FISCAL IMPLICATIONS:
 
None.
 
 
EFFECTIVE DATE:
Immediately.

A00460 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           460
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 9, 2019
                                       ___________
 
        Introduced  by  M. of A. PAULIN, BARRETT, GOTTFRIED, FAHY, RYAN, WEPRIN,
          CARROLL -- Multi-Sponsored by -- M. of A.  RIVERA  --  read  once  and
          referred to the Committee on Judiciary
 
        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:
 
     1    Section 1. Section 110 of the domestic relations  law  is  amended  by
     2  adding a new closing paragraph to read as follows:
     3    A  petition to adopt, pursuant to the terms of this article, where the
     4  petitioner's parentage is legally-recognized under New  York  State  law
     5  shall  not be denied solely on the basis that the petitioner's parentage
     6  is already legally-recognized.
     7    § 2. This act shall take effect immediately.
 
 
 
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00615-01-9

A00460 LFIN:

 
NO LFIN

A00460 Chamber Video/Transcript: