NYLE - Matrimonial and Family questions with
verified answers
Adoption: Birth parents' rights post-adoption: DRL 112-b, 114 Ans✓✓-DRL § 114
does not explicitly permit the ordering of an "open" adoption, whereby the child,
even after the adoption, will continue to have contact with members of the child's
birth family. However, agreements for post-adoption contact with members of
the biological family are recognized and may be judicially enforced if the terms of
the agreement are incorporated into a written order and the court determines
that the contact is in the child's best interests (DRL 112- b). In Family Court
proceedings, the court does not have the discretionary authority to provide for
contact between the child and the biological parent once parental rights are
terminated (Matter of Hailey ZZ. [Ricky ZZ.], 19 NY3d 422 [2012]).
Adoption: FCA 641; DRL 114, 117, 122 Ans✓✓-The family court has original
jurisdiction concurrent with the surrogate's court over adoption proceedings (FCA
641).
In any adoption proceeding, the court must be satisfied that the best interests of
the child are being promoted (DRL 114). Adoption records are sealed and may be
obtained only for good cause shown, except for the child's medical history and
information as to the heritage of the biological parents.
Under Domestic Relations Law 117, the order of adoption has the effect of
severing all of the legal ties previously existing between the adoptive child and his
or her birth parents. The biological parents are relieved of all rights and
obligations vis-a-vis the child, including the obligation of financial support and the
right of contact. The legal effect of an adoption order is to make the adoptive
child the child of the adoptive parents and divest the biological parents of their
relationship to the child.
,Surrogate parenting contracts, where a biological parent enters a written
agreement to join in the creation of a child for purposes of adoption, are contrary
to public policy, void and unenforceable in New York, whether or not the
payment of compensation is involved (DRL 122).
Adoption: Required consent: DRL 111 Ans✓✓-For an adoption in New York,
Domestic Relations Law 111 requires consents from the following individuals:
• Child if over the age of 14,
• Parents of a child conceived or born in wedlock,
• Mother of a child born out of wedlock,
• Father of a child born out of wedlock, or
• Any person or authorized agency having lawful custody of a child.
There is one test used to determine whether the consent of an unwed father is
required where the child is more than six months old (DRL 111 [1] [d]) and a
different test is applied where the child born out of wedlock is less than six
months old (DRL 111 [1] [e]; see Matter of Raquel Marie X., 76 NY2d 387 [1990],
cert denied 498 US 984 [1990]). Consent is not required of a parent who has
abandoned the child, i.e., an intent to forego parental or custodial rights as
manifested by failure for a period of six months to visit or communicate with the
child (DRL 111 [2] [a]). The ability to visit and communicate is presumed under the
Domestic Relations Law (id.).
Adoption: Sealing of adoption records: DRL 114 Ans✓✓-DRL § 114 directs the
sealing of adoption records to prevent the birth parents from locating the child
and interfering with the relationship between the child and the adoptive parents
and to protect the privacy of the birth parents (Matter of Estate of Walker, 64
NY2d 354 [1985]). Access to the sealed records may be obtained only for good
cause on due notice to the adoptive parents. The good cause necessary to obtain
inspection of adoption records may be shown by a genuine medical necessity.
, Adoptive parents are entitled to disclosure of the child's medical history and
limited information pertaining to the biological parents at the time of birth,
including heritage, education, general physical appearance, occupation, health
and medical history (DRL § 114 [1]).
The adopted child may not seek access to adoption records for purposes of
identifying his or her birth parents. By statute, an adoption information registry is
maintained by the New York State Department of Health and non- identifying
information about the biological parents may be available to the adopted person
at age 18 (Public Health Law § 4138-c).
Adoption: Who may adopt: DRL 110 Ans✓✓-The following persons can adopt in
New York:
• An adult single person,
• An adult married couple together, or
• Any two unmarried adult intimate partners.
The third category was added in 2010 to codify and broaden the ability of
domestic partners to undertake a joint adoption. An adult or minor married
couple together may adopt a child of either of them born in or out of wedlock
(DRL 110).
Adoption: Who may be adopted: DRL 110 Ans✓✓-Any person, minor or adult,
may be adopted (DRL 110).
Attorney for the Child: FCA 241, 242, 249; 22 NYCRR § 7.2 Ans✓✓-Minors who
are the subject of family court proceedings should be represented by counsel.
Generally, the appointment of an "attorney for the child" (formerly known as a
verified answers
Adoption: Birth parents' rights post-adoption: DRL 112-b, 114 Ans✓✓-DRL § 114
does not explicitly permit the ordering of an "open" adoption, whereby the child,
even after the adoption, will continue to have contact with members of the child's
birth family. However, agreements for post-adoption contact with members of
the biological family are recognized and may be judicially enforced if the terms of
the agreement are incorporated into a written order and the court determines
that the contact is in the child's best interests (DRL 112- b). In Family Court
proceedings, the court does not have the discretionary authority to provide for
contact between the child and the biological parent once parental rights are
terminated (Matter of Hailey ZZ. [Ricky ZZ.], 19 NY3d 422 [2012]).
Adoption: FCA 641; DRL 114, 117, 122 Ans✓✓-The family court has original
jurisdiction concurrent with the surrogate's court over adoption proceedings (FCA
641).
In any adoption proceeding, the court must be satisfied that the best interests of
the child are being promoted (DRL 114). Adoption records are sealed and may be
obtained only for good cause shown, except for the child's medical history and
information as to the heritage of the biological parents.
Under Domestic Relations Law 117, the order of adoption has the effect of
severing all of the legal ties previously existing between the adoptive child and his
or her birth parents. The biological parents are relieved of all rights and
obligations vis-a-vis the child, including the obligation of financial support and the
right of contact. The legal effect of an adoption order is to make the adoptive
child the child of the adoptive parents and divest the biological parents of their
relationship to the child.
,Surrogate parenting contracts, where a biological parent enters a written
agreement to join in the creation of a child for purposes of adoption, are contrary
to public policy, void and unenforceable in New York, whether or not the
payment of compensation is involved (DRL 122).
Adoption: Required consent: DRL 111 Ans✓✓-For an adoption in New York,
Domestic Relations Law 111 requires consents from the following individuals:
• Child if over the age of 14,
• Parents of a child conceived or born in wedlock,
• Mother of a child born out of wedlock,
• Father of a child born out of wedlock, or
• Any person or authorized agency having lawful custody of a child.
There is one test used to determine whether the consent of an unwed father is
required where the child is more than six months old (DRL 111 [1] [d]) and a
different test is applied where the child born out of wedlock is less than six
months old (DRL 111 [1] [e]; see Matter of Raquel Marie X., 76 NY2d 387 [1990],
cert denied 498 US 984 [1990]). Consent is not required of a parent who has
abandoned the child, i.e., an intent to forego parental or custodial rights as
manifested by failure for a period of six months to visit or communicate with the
child (DRL 111 [2] [a]). The ability to visit and communicate is presumed under the
Domestic Relations Law (id.).
Adoption: Sealing of adoption records: DRL 114 Ans✓✓-DRL § 114 directs the
sealing of adoption records to prevent the birth parents from locating the child
and interfering with the relationship between the child and the adoptive parents
and to protect the privacy of the birth parents (Matter of Estate of Walker, 64
NY2d 354 [1985]). Access to the sealed records may be obtained only for good
cause on due notice to the adoptive parents. The good cause necessary to obtain
inspection of adoption records may be shown by a genuine medical necessity.
, Adoptive parents are entitled to disclosure of the child's medical history and
limited information pertaining to the biological parents at the time of birth,
including heritage, education, general physical appearance, occupation, health
and medical history (DRL § 114 [1]).
The adopted child may not seek access to adoption records for purposes of
identifying his or her birth parents. By statute, an adoption information registry is
maintained by the New York State Department of Health and non- identifying
information about the biological parents may be available to the adopted person
at age 18 (Public Health Law § 4138-c).
Adoption: Who may adopt: DRL 110 Ans✓✓-The following persons can adopt in
New York:
• An adult single person,
• An adult married couple together, or
• Any two unmarried adult intimate partners.
The third category was added in 2010 to codify and broaden the ability of
domestic partners to undertake a joint adoption. An adult or minor married
couple together may adopt a child of either of them born in or out of wedlock
(DRL 110).
Adoption: Who may be adopted: DRL 110 Ans✓✓-Any person, minor or adult,
may be adopted (DRL 110).
Attorney for the Child: FCA 241, 242, 249; 22 NYCRR § 7.2 Ans✓✓-Minors who
are the subject of family court proceedings should be represented by counsel.
Generally, the appointment of an "attorney for the child" (formerly known as a
