If you are a step-parent or same-sex couple with a child and have questions about second-parent adoption in New York State, Sherry A. Bishko, Esq. Lazar Schwartz & Jones, LLP can assist you in navigating this important and complex issue.
WHAT IS A SECOND PARENT ADOPTION?
A second parent adoption (also referred to as a Step Parent Adoption if a couple is married) is a legal process that confers parental rights and obligations to a partner of a legal parent.
STEP-PARENTS WHO WANT TO ADOPT NEED A SECOND PARENT ADOPTION
If you have married someone who has a child or children, and you want to have parental rights and responsibilities in relation to that child, it is necessary to have a second parent or step-parent adoption. The consent of the other parent is required under most circumstances.
DOES THE NON-BIOLOGICAL PARENT IN A SAME SEX MARRIED COUPLE NEED A SECOND-PARENT ADOPTION IN NEW YORK STATE IF THEY ARE LISTED ON THE CHILD’S BIRTH CERTIFICATE?
The short answer is: YES. We recommend that the non-biological parent in a same-sex couple obtain a second-parent adoption to fully protect their parental rights outside of New York State.
PROTECTING PARENTAL RIGHTS OUTSIDE OF NEW YORK STATE
In New York State, a child born of a marriage is presumed to be the child of both spouses. For a non-biological parent of a same sex couple, parental rights flow from the parties’ marriage and having both parents listed on a child’s birth certificate affords parentage to each parent listed unless rebutted. This is wonderful in New York State but what if the couple moves to a state that is hostile or actively working to undermine same-sex marriage? What if a couple travels outside of the United States to a country that does not recognize same-sex marriage? In such instances, if a couple has successfully pursued a second-parent adoption, their parental rights can be protected.
CONTACT LAZAR SCHWARTZ & JONES LLP IF YOU HAVE QUESTIONS ABOUT SECOND-PARENT ADOPTIONS
Sherry A. Bishko, Esq.
845-896-9651