In re Jacob, 86 N.Y.2d 651 (1995)
New York’s adoption statute permits second-parent adoptions by unmarried partners, whether heterosexual or homosexual, when it is in the best interest of the child, and the statute does not mandate termination of the biological parent’s rights in such cases.
Summary
The New York Court of Appeals consolidated two cases involving adoption petitions by unmarried partners of biological parents. In Matter of Jacob, a man sought to adopt his partner’s child, with the biological father’s consent. In Matter of Dana, a woman sought to adopt the child of her lesbian partner, conceived through artificial insemination. Both Family Court and the Appellate Division denied the petitions, citing lack of standing under Domestic Relations Law § 110 and concerns about terminating the biological parent’s rights under § 117. The Court of Appeals reversed, holding that unmarried individuals have standing to adopt and that § 117 does not automatically preclude second-parent adoptions when in the child’s best interest.
Facts
In Matter of Jacob: Roseanne M.A. had sole custody of Jacob after separating from his biological father prior to his birth. Stephen T.K. began living with Roseanne and Jacob when the child was one year old, becoming an integral part of Jacob’s life. Stephen petitioned to adopt Jacob with the consent of the biological father.
In Matter of Dana: G.M. and P.I., a lesbian couple, had been in a long-term relationship for 19 years. P.I. conceived Dana through artificial insemination, and G.M. shared parenting responsibilities from birth. G.M. petitioned to adopt Dana with P.I.’s consent, and a court-ordered report recommended the adoption as being in Dana’s best interest.
Procedural History
Matter of Jacob: Family Court dismissed the adoption petition for lack of standing. The Appellate Division affirmed. The appeal was taken to the Court of Appeals as of right.
Matter of Dana: Family Court denied the adoption petition for lack of standing and concerns regarding termination of parental rights. The Appellate Division affirmed, holding that Domestic Relations Law § 117 prohibited the adoption. The Court of Appeals granted leave to appeal.
Issue(s)
1. Whether Domestic Relations Law § 110 permits an unmarried partner of a biological parent to adopt the child.
2. Whether Domestic Relations Law § 117 prohibits an adoption by the unmarried partner of a biological parent because it would require termination of the biological parent’s rights.
Holding
1. Yes, because Domestic Relations Law § 110 allows an “adult unmarried person…to adopt another person.”