Two Moms Talk About Second Parent Adoption

Not all LGBT parents in the U.S. can put both parents’ names on their children’s birth certificate.  Second Parent adoption can help.

And even if they can, many lawyers still advise that gay couples go through a second parent adoption as a means to protect their parental rights to their children.

Brandy and Susan from The Next Family discuss their second parent adoption experience so other LGBT parents can gain some insight.

The moms explain the importance of second parent adoption by providing the example of traveling internationally to countries that don’t recognize same-sex marriage or families. By going through the process, step parent adoptions give both parents the same rights to their children thus protecting them in the U.S., overseas, and even in custody cases.second parent adoption

“And at the end of the day, I think it’s wise to do it,” Brandy said.

Though she does share her displeasure with the entire process that LGBT parents have to go through that straight parents do not:

“We fight so hard for our LGBT rights and we’ve gotten to this point and this place in our country…and [step parent adoptions] sort of takes you back. Like, really?”

Brandy and Susan explain the process that their family went through when it came to their step parent adoption. It involved finding a good lawyer, filling out an adoption application, and speaking with a social worker.

When speaking about the social worker experience, Brandy said, “They were asking us sort of ridiculous, in my opinion, parenting questions.” She also adds that you should prepare yourself for this experience which may be uncomfortable: “I think it was really insulting to me that they were asking her these questions and me these questions and I had had this child and we had together made this decision together to have this child.”

Following the social worker meeting, families will have to go to court to complete the adoption process.

For Susan’s court date, the judge asked her, “Why should I grant you this right to adopt this child?” Susan said she responded quite awkwardly with, “Well, I’m kind of doing a lot of mother things.” She was happy though with how the judge responded, “You’re the mother and that’s why I’m doing it.” Susan said she could tell that the judge thought that the entire process was also a “silly precursor” to establish her parental rights.

Click here to read the entire article.

By Alex Temblador – TheNextFamily.com – April 15, 2016

in Anonymous/Known Donation / Family Stories / Legal / Personal Stories / Recently Added / Second Parent Adoption / Step Parent Adoption  by Anthony Brown 0 comments

Coca-Cola Will Offer More Inclusive Parental Leave, Including Surrogacy

Citing the influence of its millennial employees and the need to promote gender equality at work, Coca-Cola on Monday announced a far more inclusive paid parental leave policy.

 

Previously, Coke only gave six to eight weeks paid parental leave to female employees who gave birth. But starting in January, all new parents at Coke — including dads, adoptive and foster parents — will be entitled to six weeks off upon the arrival of their kids. Birth mothers will also be entitled to an additional six to eight weeks leave. The new benefit is not available to unionized Coke workers. Overall 40,000 employees are eligible, out of 60,000 in the U.S.2nd parent adoption, second parent adoption, second parent adoptions, second parent adoption new york

“Fostering an inclusive workplace means valuing all parents – no matter their gender or sexual orientation,” Ceree Eberly, Coke’s chief people officer, said in an announcement on the company’s website. “We think the most successful way to structure benefits to help working families is to make them gender-neutral and encourage both moms and dads to play an active role in their family lives.”

The company, which took in $44 billion in revenue last year, said the policy was “championed” by a formal group of millennial employees who had been asked to come up with ideas for attracting and retaining younger workers. By 2020, Coke expects more than half of its workforce will be of the “millennial generation,” born between 1981 and 1997.

HuffingtonPost.com, April 18, 2016, by Emily Peck

Click here to read the entire article.

in In the News / IVF / Known Donor / Parenting / Second Parent Adoption / Step Parent Adoption / Surrogacy  by Anthony Brown 0 comments

Adoption For Gay Couples is Still the Best Answer – The Message of Matter of Kelly S. v. Farah M.

Does this case render adoption for gay couples as unnecessary or is it simply an affirmation of another state’s more progressive parentage laws?

There has never been a stronger case for adoption for gay couples than Matter of Kelly S. v. Farah M.  I reported this week about a case out of the Second Department Appellate Division in New York affirming a Suffolk County Family Court decision granting visitation to a non-biological lesbian mother. At first glance, this appears to create new law in New York, doing away with previous NY law holding that a non-biological mother does not have standing to seek custody or visitation.  But on further inspection, its true message is that the only way to avoid costly and bitter court battles is through adoption for gay couples.

adoption for gay couples

Facts of the case – Kelly Steagall and Farah Martin met and entered into a relationship in 2000 and became registered domestic partners in California in 2004. They were legally married there in 2008.  Ms. Martin conceived two children through artificial insemination who were born in March of 2007 and April of 2009.  The couple used the same known donor for each child and, instead of using a doctor or fertility clinic to assist with the insemination, they privately inseminated at home.  After moving to New York in 2012, the couple separated in 2013 and Kelly moved to Arizona.  Kelly filed a visitation petition in Suffolk County New York in 2014.

Ms. Martin objected to Ms. Steagall’s status as a legal parent stating that New York law did not support her position and, in what the court saw a self-serving move, sued the known donor to establish that he was the other “true” parent.

What the court said – Appellate division Judge Roman, in her affirmation of the lower Family Court’s ruling, stated that because the couple was in a registered domestic partnership and subsequent marriage in California when the children were born, California law, which is far more progressive that New York family law, should govern and therefore, Ms. Steagall’s parentage could be recognized under California law.

New York Law – In New York County, Surrogate Judge Kristin Booth Glen, in a case entitled In the Matter of Sebastian, discusses the issue of establishing parental rights for a non-biological parent specifically.  The case involves married lesbian couple who used an anonymous sperm donor to have a child. Glen concludes, when discussing the non-biological mother’s relationship with the child that, “the only remedy available here that would accord the parties full and unassailable protection is a second-parent adoption pursuant to New York Domestic Relations Law (“DRL”) § 111 et seq.”  Glen further states, “that a judicial order of adoption in one state must be afforded full faith and credit in every state, and that there can be no “public Policy” exception to that mandatory recognition…”.

This case essentially relies on a marital presumption of parentage. In California, a registered domestic partnership at the time was viewed for all intents and purposes as a marriage.  While it is true that many states have what is called a “martial presumption of parentage,” it is applied differently in different states.  In New York State, there is specific case law that holds that the marital presumption of parentage does not apply to same-sex couples.  That case is called “Matter of Paczkowski v. Paczkowski.”  In that case, the appellate division of the Second Department of New York, the same court that decided the Matter of Kelly S. v. Farah M., held that the “presumption of legitimacy… is one of a biological relationship, not a legal status.”

In essence, the court says that a marriage does not create a legal right between a non-biological parent and a child.  While it may be an indication of intent to be a parent, as would a non-biological parent’s name on a birth certificate, the only way to actually create the legal relationship that guarantees the security that all same-sex families need, is through adoption for gay couples, and in some states, a parentage order.  Unfortunately, New York currently does not have the capacity to issue a parentage order but there is legislation in committee in Albany that may change that.

How does this case affect Gay couples? – The take away from this case may not be what many of us in the LGBT legal community want, particularly in New York. While the language in the decision is expansive and is certainly heading in the right direction, it does not change the law in New York.  Had Kelly Steagall and Farah Martin lived in New York, conceived and gave birth to their children in New York, the outcome of this case could have been vastly different and Kelly Steagall would still, under current New York law, have had to fight in the courts for visitation to the children she had helped to raise since their birth.  No one factors into their family equation to emotional and financial costs of fighting to see the children to whom they area  parent, nor should they.  But the reality of the situation is much more nuanced.  If you are a New York resident, second or step parent adoption for gay couples is the best and only way to ensure that the emotional and financial costs of litigation can be avoided.

Anthony M. Brown, head of Nontraditional Family and Estates division of Albert W. Chianese & Associations, has extensive experience in helping same-sex couples through the adoption process, having gone through the process himself. If you have yet to create a legal relationship with your child or children, call 212-953-6447 or email Anthony at Anthony@timeforfamilies.com.

in Anonymous/Known Donation / Featured Articles / Known Donor / Legal / Second Parent Adoption / Step Parent Adoption  by Anthony Brown 0 comments

NY Appeals court: Divorcing lesbian mother has parental rights

A state appeals court has upheld a Suffolk Family Court decision finding that two women who are divorcing are the legal parents of their children, including the one who did not give birth to them.

The unanimous decision for the Appeals court, Appellate Division’s Second Department, written by Justice Sheri Roman, finds that Kelly Steagall, 47, now of Arizona, has the right to seek visitation of the children born during her marriage to Farah Martin, 40, who grew up in Nesconset.

As in last year’s ruling by Suffolk Family Court Judge Deborah Poulos, Roman noted that the issue is affected by many factors, including the validity of California law in New York, whether a sperm donor who was a friend to the couple has any parental responsibilities and how the two women raised the children when they were together.

Steagall and Martin had three kids together. Steagall gave birth to the first one, and Martin carried the other two.

The couple later moved to Long Island and then separated. Martin went to Family Court seeking to deny Steagall’s parental rights to the younger two children, arguing that because Steagall never adopted them, an informal artificial insemination process left the children’s legal parentage in doubt.

Roman’s decision said that makes no difference.marriage equality

“The parties made an informed, mutual decision to conceive the subject children via artificial insemination and to raise them together, first while in a registered domestic partnership in California and, later, while legally married in that state,” Roman wrote. “Additionally, the children were given [Steagall’s] surname, [Steagall] was named as a parent on each birth certificate and the parties raised the children from the time of their births … until the parties separated.”

Steagall said she is grateful for the decision, but worries the protracted legal battle and her inability to see her children regularly has damaged her relationship with them.

“There was borderline parental alienation going on, and I feel that’s still going on,” she said. “My kids will barely speak to me on the phone.”

Steagall’s appellate attorney, Christopher Chimeri of Hauppauge, said the ruling now enables Steagall to have a fair fight for visitation. He said courts are going to see more such cases.

“The law is, in effect, catching up to how families are formed and maintained,” he said.

by Andrew Smith, April 8, 2016 – newyorknewsday.com

Click here to read the entire article.

in Anonymous/Known Donation / In the News / Legal / Second Parent Adoption / Step Parent Adoption  by Anthony Brown 0 comments

Parent Adoption – Is it Right for Your family?

The “parent adoption” process is also referred to as Second Parent or Step Parent Adoption. Here is what you need and what you need to know!

When one partner or spouse in a relationship adopts the biological child of their parent or spouse that is referred to as a “Parent Adoption.” If the parties are unmarried, it is called a Second Parent Adoption.  When the parties are married, it is called a Step Parent Adoption.  While gay couples across the country enjoy equal marriage rights, the laws for New York State adoption are still muddled, and it’s advisable for most same-sex couples to petition for a second or step parent adoption to build that legal relationship between non biological parent and child. If there is another biological parent involved, or if a couple uses a known sperm donor, their consent will be required for the adoption to move forward.  If, however, the child is the product of an anonymous sperm donation, then no consent is required.2nd parent adoption, second parent adoption, second parent adoptions, second parent adoption new york

New York State Adoption Step by Step

In a nutshell, you need to compile a lot of paperwork and have a good family lawyer, preferably one that specializes in adoptions for same-sex couples. Here is a rundown of what you will need:

  • The completed intake from your attorney. This is a general questionnaire that includes information for both parents and the child.
  • The original birth certificate for the child. A copy will not suffice. You will, however, get a new original birth certificate after the adoption which will add the name of the adoptive parent if it is not already on the original birth certificate.
  • A letter from the employer of the petitioning parent, and in some counties the biological parent, stating their position and salary. If you are not currently employed, they will need your last year’s tax returns.
  • A letter from the doctor of both parents stating that they are in general good health.
  • A letter from the child’s pediatrician stating that he or she is in general good health.
  • A completed form 1-D (a more elaborate medical assessment) by the child’s pediatrician
  • In cases of a surrogacy, you will need copies of your carrier and donor agreement.
  • In cases of artificial insemination, in vitro fertilization and surrogacy, a letter verifying insemination.
  • If married, a copy of your marriage license.
  • Previous divorce decrees if either parent has been previously married.
  • If either parent has ever been arrested or convicted of a crime, the details and disposition records for any offense must be submitted.
  • A list of every residence the petitioning parent has lived at for the past 28 years, including months and years associated with every address.
  • Financial information, including the value of your home, any owned real estate, stocks and bonds, life insurance information and any sources of income other than employment.
  • The petitioning parent must be fingerprinted for a criminal background check
  • A home study, which is generally arranged for once your lawyer has been retained.

Keep in mind that this process may vary slightly from state to state and county to county, so it’s important to find an attorney familiar with the legal details in your specific location. While the New York State parent adoption process may seem harrowing, keep in mind that your adoption attorney is there to help you, advise you and even help keep you organized every step of the way.  Read more about the process here.

Anthony M. Brown, head of Nontraditional Family and Estates division of Albert W. Chianese & Associations, has extensive experience in helping same-sex couples through the adoption process, having gone through the process himself. If you have yet to create a legal relationship with your child or children, call 212-953-6447 or email Anthony at Anthony@timeforfamilies.com.

in Adoption / Featured Articles / Known Donor / Legal / Second Parent Adoption / Step Parent Adoption / Surrogacy  by Anthony Brown 1 comments

New Jersey Court Awards Three Parent Custody to Family

In a first-impression ruling breaking new ground for New Jersey, Superior Court Judge Stephanie M. Wauters created three parent custody in her ruling in D.G. & S.H. v. K.S., 2016 WL 482622, 2015 N.J. Super. LEXIS 218 (N.J. Super. Ct., Ocean County, Aug. 24, 2015, approved for publication, Feb. 5, 2016), stating that a child’s birth parents, a gay man and a straight woman who conceived the child through assisted reproductive technology, should share joint legal custody together with the father’s same-sex spouse, who was found by the court to be a psychological parent of the child.

In the same ruling, Judge Wauters held that the mother could not relocate with the child to the west coast in order to live with her boyfriend, as the child would be adversely affected by the impact of such a move on her relationship with her fathers. However, Wauters ruled, while treating the biological father’s husband as a joint residential custodian parent, she could not declare him a legal parent of the child, since New Jersey’s law on parentage adheres to the traditional paths to that status of genetic contribution, gestation or adoption, and none of those methods of attaining parental status were presented in this case.

lgbt family law

The child, identified in the opinion as O.S.H., was born in 2009. D.G. is her biological father, and K.S. is the biological mother. S.H. is D.G.’s husband. The much-simplified story of the case is that D.G., S.H. and K.S. began in the fall of 2006 to discuss the possibility of conceiving a child together and raising the child with a tri-partite parenting arrangement. They decided to use D.G.’s sperm because he and K.S. had been long-time friends. They decided not to use a doctor’s assistance, instead following directions in a book on the “Baster Method,” by which they accomplished insemination at home, although K.S.’s first pregnancy ended in a miscarriage. After O.S.H. was born, D.G, S.H. and K.S. shared parenting responsibilities. The child mainly lived with her mother with frequent visitation with the fathers. D.G. operated a business (with flexible hours) at the Jersey Shore, and S.H. was employed as a New York City high school teacher. K.S. worked in a New Jersey restaurant owned by her parents. The men shared an apartment in Manhattan as their primary residence. The parents spent most of the summer after O.S.H. was born in a small house in Point Pleasant Beach owned by K.S., and at the end of the summer the men decided to rent their own home in Point Pleasant Beach for ease in shared parenting of the child. Parenting time fluctuated depending on the work commitments of the various parents. K.S. owned a home in Costa Rica where she would spend part of the winters with the child, and where the men occasionally visited. After Superstorm Sandy in October 2012 damaged the New Jersey coastal homes, the child spent more time with her fathers in New York City.

By Art Leonard, March 7, 2016 – Le-Gal.org

Click here to read the entire article.

in Anonymous/Known Donation / In the News / Legal / Second Parent Adoption  by Anthony Brown 0 comments

Gay Family Planning: Options For Your Family

For thousands of New York couples each year gay family planning is a daunting and intricate process. If you are part of a same sex couple, there are extra complications as you must decide what route to go down in order to have or adopt a child.

Gay family planning options include adoption, a surrogate NYC carrier, pregnancy by donated sperm, or IVF. Here we cover the basics for each of these options to help you consider the right option for your family:

Adoption

There are over 130 adoption agencies in New York State, and each of the 58 social services unit districts has an adoption unit. There are no fees for adopting children who have special needs or are in custody of the local social services commissioner, although there may be fees for adopting those children in the legal guardianship of local voluntary agencies. The fees are based on the adoptive family’s income, however, and help may be available in the form of grants or fee waivers, so don’t let finances put you off from looking into this as an option to start your family.

gay adoption

After deciding on an agency, the application forms must be completed. Information is taken about your current family, your background and the type of child you feel you would be able to give the best life to. Criminal history checks will also be made, with particular attention paid to whether someone in the prospective adoptive family’s home has previous mistreated or neglected a child. A criminal record does not necessarily mean that you will be refused for adoption, as it depends on several factors including the type of crime committed.

Within four months of submitting the application, a home study is started and carried out on the prospective adoptive family. This is a series of meetings, training sessions and interviews that enables the family and social services to ascertain the readiness of the family to adopt, and any issues that they may need help with. After the home study has been completed the caseworker writes a summary about the family, which the adoptive couple can also add comments to. Training is also required to cover some areas that are specific to adoptive parenting, such as the needs of foster children and what kind of child they would be most suited to as a parent.

Once the study and summary are complete, the work then begins to match the family with a child. There is no set process for this as it is individual according to the child’s situation and needs. The Family Adoption Registry provides information about waiting children, and adoptive parents can ask for more information about children they are interested in, in exchange for a copy of the home study. The process goes from there and hopefully ends with a child or children finding a loving home with their new parents!

Pregnancy via sperm donor

Lesbian couples have many options in their own gay family planning. Sperm donors may be someone known to the couple or, alternatively, screened samples from a sperm bank. Donors can be anonymous or known, and even with anonymous donors there is usually information available about the donor’s height, hair colour, eye colour, education level and nationality. Ensuring that you use an approved fertility clinic is essential in order to avoid potential diseases that can be transferred through sperm. If you are using a known donor, insist on having him medically pre-screened before insemination and it is a very good idea to consult with an attorney familiar with known sperm donation.

Traditional Surrogate

gay surrogacy

Traditional surrogacy involves the sperm of the intended ‘adoptive’ parent fertilizing the egg of the traditional surrogate, so the child will be biologically related to both parties. Surrogacy contracts in NYC are not legally binding as they are declared ‘contrary to public policy’. This means that you cannot pay someone to carry a baby for you, or create a contract that mandates that the traditional surrogate mother has to give the child to the intended parents, (IPs) upon delivery. Surrogates, whether traditional or gestational, cannot accept money apart from expenses and medical fees directly related to the pregnancy, and heavy fines are levied for anyone involved in a surrogacy agreement – $500 for those involved and up to $10,000 for anyone found to be arranging such contracts (which are void and unenforceable in NYC).

Despite this, surrogacy has continued to be a pathway to family life that many gay male couples choose to take, and there are agencies that help to match potential parents with potential surrogates who live in other, surrogacy-friendly States. When needed, New Yorkers are able to complete second or step parent adoptions in New York to finalize parental rights for a child that has been delivered through a surrogate from another State.

Gestational Surrogate

The difference between gestational and traditional surrogacy is that the baby resulting from gestational surrogacy is not related to the surrogate mother. An egg and sperm create an embryo which is then transferred to the surrogate via IVF. For a male same sex couple, both partners can contribute sperm so that each have an equal chance of being biologically related to the child; they would also need a female third party to donate the egg.

Having the options of different pathways for gay family planning (adoption, surrogacy or pregnancy via donor sperm) can be reassuring to a couple looking to have children, but it can also be overwhelming when trying to decide what is best for you. For a reputable and trustworthy attorney in New York who specializes in helping same sex couples have families, call Anthony M. Brown, head of Nontraditional Family and Estates division of Albert W. Chianese & Associations, at 212-953-6447 or email questions to Brown@awclawyer.com.

Contact Time For Families

Contact Form
* indicates required field

in Adoption / Egg Donation / Featured Articles / IVF / Known Donor / Second Parent Adoption / Surrogacy  by Anthony Brown 3 comments

Surrogacy Ethics – Is It Selfish for a Gay Couple to Have Kids via Surrogacy?

Surrogacy ethics are in the news more and more around the world.  Are gay men’s options for family limited to adoption?

 

Question – My husband and I are gay and are exploring the possibility of having children using an egg donor and a surrogate mother. Sometimes when we mention this in conversation, people ask us, in a chiding tone, Why don’t you adopt? They often then argue that with so many children in need of good homes, it would be ethically superior for us to adopt, instead of spending a small fortune so we can have children to whom we are genetically tied. In addition, there are ethical issues related to paying women for their eggs or paying women to carry our children as surrogates. Are we acting unethically — or at the least selfishly or self-indulgently — in pursuing biological children instead of adopting orphans who could benefit from what (we like to think) would be a good home? David Lat, New York

adopt

Answer – Anybody who is contemplating having a baby, by whatever means, could be adopting a child instead. If those who chide you include people who have biological children themselves, you might want to point this out. Come to think of it, your friends who don’t have children are also free, if they meet the legal requirements, to adopt. Every child awaiting adoption is someone who could benefit from parental volunteers. There is no good reason to pick on you.

The path you have chosen, it’s true, mixes commerce and reproduction through egg donation and surrogacy. But while acquiring an egg and then working with a surrogate mother are transactions with ethical risks, they can each be conducted in morally permissible ways. The main concerns I would have as to surrogacy ethics are avoiding exploitation — so you need to make sure that the donor and the surrogate are acting freely and are fairly compensated — and taking care that your understanding with the surrogate mother is clearly laid out in advance. But any responsible agency that assists you in this should cover these bases.

Wanting a biological connection with your child is pretty normal: We evolved to pass on our genes, after all, even if we’re free to give Mother Nature the side-eye.

New York Times, By KWAME ANTHONY APPIAH FEB. 10, 2016

Click here to read the entire article.

in Egg Donation / Ethics / Recently Added / Second Parent Adoption / Step Parent Adoption / Surrogacy  by Anthony Brown 0 comments

Second Parent Adoption Process: New York State

The second parent adoption process for New York State: What you need and what you need to know!

The second parent adoption process is the process of a same-sex parent adopting their partner’s biological child, regardless of whether or not they are married or their relationship is legally recognized. While everyone has equal marriage rights now, the laws for New York State adoption are still striving to meet the modern day needs of our families, and it’s advisable for most same-sex couples to petition for a second parent adoption to build that legal relationship between non biological parent and child. Marriage is not necessary for second parent adoption. If the couple is married, they would then petition for a stepparent adoption, although the process is very similar.

adoption new york,new york adoption,new york state adoption, stepparent adoption process,adopting step children,co parent adoption,2nd parent adoption,second parent adoptions,gay adoption new york,gay couple adoption, gay couples adopting

 

New York State Adoption Process: What you need

In a nutshell, you need a lot of paperwork and a good family lawyer, preferably one that specializes in adoptions for same-sex couples. Here is a rundown of what you will need:

  • The completed intake from your attorney. This is a general questionnaire that includes information for both parents and the child.
  • The original birth certificate for the child. A copy will not suffice. You will, however, get a new original birth certificate after the adoption.
  • A letter from the employer of the petitioning parent, and in some counties the biological parent, stating their position and salary. If you are not currently employed, they will need your last year’s tax returns.
  • A letter from the doctor of both parents stating that they are in general good health.
  • A letter from the child’s pediatrician stating that he or she is in general good health.
  • A completed form 1-D (a more elaborate medical assessment) by the child’s pediatrician
  • In cases of a surrogacy, you will need copies of your carrier and donor agreement.
  • In cases of artificial insemination, in vitro fertilization and surrogacy, a letter verifying insemination.
  • If married, a copy of your marriage license.
  • Previous divorce decrees if either parent has been previously married.
  • If either parent has ever been arrested or convicted of a crime, the details and disposition records for any offense must be submitted.
  • A list of every residence the petitioning parent has lived at for the past 28 years, including months and years associated with every address.
  • Financial information, including the value of your home, any owned real estate, stocks and bonds, life insurance information and any sources of income other than employment.
  • The petitioning parent must be fingerprinted for a criminal background check
  • A home study, which is generally arranged for once your lawyer has been retained.

Keep in mind that this process may vary slightly from state to state and county to county, so it’s important to find an attorney familiar with the legal details in your specific location. While the New York State adoption process may seem harrowing, keep in mind that your adoption attorney is there to help you, advise you and even help keep you organized every step of the way.

Anthony M. Brown, head of Nontraditional Family and Estates division of Albert W. Chianese & Associations, has extensive experience in helping same-sex couples through the adoption process, having gone through the process himself. If you have yet to create a legal relationship with your child or children, call 212-953-6447 or email Anthony at Brown@awclawyer.com.

 

Contact Time For Families

Contact Form
* indicates required field

in Adoption / Featured Articles / Second Parent Adoption / Step Parent Adoption  by Anthony Brown 7 comments

New York State Adoption Process

The second parent New York State adoption process: What you need, and need to know

Second parent adoption is when a same-sex parent adopts their partner’s biological child, regardless of whether or not their relationship is legally recognized. While everyone has equal marriage rights now, the laws for New York State adoption are still muddled, and it’s advisable for most same-sex couples to petition for a second parent adoption to build that legal relationship between non biological parent and child. Marriage is not necessary for second parent adoption. If the couple is married, they would then petition for a stepparent adoption, although the process is very similar.

 

New York State Adoption Process: What you need

In a nutshell, you need a lot of paperwork and a good family lawyer, preferably one that specializes in adoptions for same-sex couples. Here is a rundown of what you will need:

  • The completed intake from your attorney. This is a general questionnaire that includes information for both parents and the child.
  • The original birth certificate for the child. A copy will not suffice. You will, however, get a new original birth certificate after the adoption.
  • A letter from the employer of the petitioning parent, and in some counties the biological parent, stating their position and salary. If not currently employed, you will need your last year’s tax returns.
  • A letter from the doctor of both parents stating that they are in general good health.
  • A letter from the child’s pediatrician stating that he or she is in general good health.
  • A completed form 1-D (a more elaborate medical assessment) by the child’s pediatrician
  • In cases of a surrogacy, you will need copies of your carrier and donor agreement.
  • In cases of artificial insemination, in vitro fertilization and surrogacy, a letter verifying insemination.
  • If married, a copy of your marriage license.
  • Previous divorce decrees if either parent has been previously married.
  • If either parent has ever been arrested or convicted of a crime, the details and disposition records for any offense must be submitted.
  • A list of every residence the petitioning parent has lived at for the past 28 years, including months and years associated with every address.
  • Financial information, including the value of your home, any owned real estate, stocks and bonds, life insurance information and any sources of income other than employment.
  • The petitioning parent must be fingerprinted for a criminal background check
  • A home study, which is generally arranged for once your lawyer has been retained.

 

Keep in mind that this process may vary slightly from state to state and county to county, so it’s important to find an attorney familiar with the legal details in your specific location. While the New York State adoption process may seem harrowing, keep in mind that your adoption attorney is there to help you, advise you and even help keep you organized every step of the way.

Anthony M. Brown, head of Nontraditional Family and Estates division of Albert W. Chianese & Associations, has extensive experience in helping same-sex couples through the adoption process, having gone through the process himself. If you have yet to create a legal relationship with your child or children, call 212-953-6447 or email Anthony at Brown@awclawyer.com.

 

in Adoption / Recently Added / Second Parent Adoption  by Anthony Brown 0 comments