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.