New York Adoption Law
Permits single LGBT individuals to petition to adopt? Yes.
New York law allows an unmarried adult or a married couple jointly to petition to adopt. (N.Y. DOM. REL. § 110)
Permits a same-sex couple to jointly petition to adopt? Yes.
A 2002 decision affirmed the state’s adoption law “does not prohibit adoption by a couple, neither of whom is a biological parent.” In the Matter of Jacob, 660 NE.2d 397 (N.Y. 1995). Technically, Jacob did not address the issue of unmarried couples seeking to adopt a child who is not the biological child of either person (see n.3 of the opinion). However, other lower courts have cited the case for the proposition that unmarried couples can jointly petition to adopt.
Lower courts that have relied on Jacob: In re Adoption of Joseph, 684 N.Y.S.2d 760 (N.Y. Sur. Ct. 1998); In re Adoption of Emilio R., 293 A.D.2d 27, (N.Y. App. Div. 2002); In re Adoption of Carolyn B., 774 N.Y.S.2d 227 (N.Y. App. Div. 2004).
Permits a same-sex co-parent to petition to adopt partner’s child or child of the relationship? Yes.
In 1995, the New York Appeals Court (the state’s highest court) ruled that a same-sex co-parent could adopt her partner’s child or child of the relationship.
(In the Matter of Jacob, 660 N.E.2d 397 (N.Y. 1995)).
Details: New York law permits an adult or a married couple to petition to adopt. The state regulation reads, "[a]pplicants shall not be rejected solely on the basis of homosexuality." N.Y. COMP. CODES R. & REGS. tit. 18, § 421.16(h)(2)
The legal information provided on this page is provided as a courtesy to the public. It is not designed to serve as legal advice. HRC does not warrant that this information is current or comprehensive.
Last Updated: 12/14/2009