New York City Adoption Laws
Hello,
Does anyone have experience with how second parent adoption works, particularly regarding whether rights are recognized state by state? New York has a law going into effect in February that will allow the non-birth parent to become the child's legal parent from the moment the baby is born. My partner and I are not sure if she will need to adopt the baby formally so that, beyond this New York law, her rights as a parent are recognized outside of this state. If anyone has information on this or resources to point us to, that would be much appreciated! We are due in May
Thanks!
Comments
Here's some information from NCLR. Hope it's helpful. https://www.nclrights.org/wp-content/uploads/2013/07/Legal_Recognition_of_LGBT_Families.pdf
Thank you so much @Hope-full ! That is really helpful. It sounds like NYC’s law will be a parentage law and will have the same legal standing as second parent adoption. Appreciate the resource.
I'm late to the party, but glad I saw this thread! For anyone else following, the law discussed above - the New York Child Parent Security Act - goes into effect on February 15, 2021. This is a New York State parentage law that intends to eliminate the need for the person not carrying to go through the (arduous and expensive) second-parent adoption process after their child's birth. Couples will be able to just go to a court for a parentage judgment. As legally a binding parentage judgment under NY law, it SHOULD be recognized (full faith and credit) in all other states, but that doesn't always happen.
Articles:
https://www.familyequality.org/resources/child-parent-security-act-new-york/
https://www.law.com/newyorklawjournal/2020/07/24/surrogacy-agreements-approved-by-new-york-with-provisos/
https://adoptionart.org/2020/04/09/ny-parentage-act-to-become-law/
https://abovethelaw.com/2017/08/im-sorry-your-full-faith-and-credit-is-no-good-here/
https://cbs6albany.com/news/local/gov-cuomo-campaign-seeks-to-legalize-gestational-surrogacy-for-lgbtq-individuals (this article pre-dates the law's passage)
Official Legalese:
https://www.nysenate.gov/legislation/laws/FCT/581-202
I am just seeing this, but thank you so much @bkbabymomma ! I'm wondering if anyone has had any luck getting the necessary forms for this parentage law? I have called NY Family Court and no one seems know about the new law yet (!)
@EMAR573 Hi this is the form I found for the parentage law in ny. One link is to the actual form to be filled out at birth of a child, the other link is to the department of health webpage that holds the link and more information.
https://health.ny.gov/vital_records/child_parent_security_act/docs/ldss-5171.pdf
https://health.ny.gov/vital_records/child_parent_security_act/
Thank you! We have since been able to submit the forms and start the process. Appreciate you posting these.