Adoption and Second Parent Adoption

SAME SEX COUPLES, NON-BIOLOGICAL PARENTS AND IN NEW YORK STATE: PROTECTING PARENTAL RIGHTS

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.  

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

If you are a same-sex couple with a child or a step-parent and have questions about second-parent adoption in New York State, Lazar Schwartz & Jones, LLP can assist you in navigating this important and complex issue.