§ 110 — Who may adopt; effect of article

§ 110. Who may adopt; effect of article. An adult unmarried person,\nan adult married couple together, or any two unmarried adult intimate\npartners together may adopt another person. An adult married person who\nis living separate and apart from his or her spouse pursuant to a decree\nor judgment of separation or pursuant to a written agreement of\nseparation subscribed by the parties thereto and acknowledged or proved\nin the form required to entitle a deed to be recorded or an adult\nmarried person who has been living separate and apart from his or her\nspouse for at least three years prior to commencing an adoption\nproceeding may adopt another person; provided, however, that the person\nso adopted shall not be deemed the child or step-child of the\nnon-adopting spouse for the purposes of inheritance or support rights or\nobligations or for any other purposes. An adult or minor married couple\ntogether may adopt a child of either of them born in or out of wedlock\nand an adult or minor spouse may adopt such a child of the other spouse.\nNo person shall hereafter be adopted except in pursuance of this\narticle, and in conformity with section three hundred seventy-three of\nthe social services law.\n An adult married person who has executed a legally enforceable\nseparation agreement or is a party to a marriage in which a valid decree\nof separation has been entered or has been living separate and apart\nfrom his or her spouse for at least three years prior to commencing an\nadoption proceeding and who becomes or has been the custodian of a child\nplaced in their care as a result of court ordered foster care may apply\nto such authorized agency for placement of said child with them for the\npurpose of adoption. Final determination of the propriety of said\nadoption of such foster child, however, shall be within the sole\ndiscretion of the court, as otherwise provided herein.\n Adoption is the legal proceeding whereby a person takes another person\ninto the relation of child and thereby acquires the rights and incurs\nthe responsibilities of parent in respect of such other person.\n A proceeding conducted in pursuance of this article shall constitute a\njudicial proceeding. An order of adoption or abrogation made therein by\na surrogate or by a judge shall have the force and effect of and shall\nbe entitled to all the presumptions attaching to a judgment rendered by\na court of general jurisdiction in a common law action.\n No adoption heretofore lawfully made shall be abrogated by the\nenactment of this article. All such adoptions shall have the effect of\nlawful adoptions hereunder.\n Nothing in this article in regard to a minor adopted pursuant hereto\ninheriting from the adoptive parent applies to any will, devise or trust\nmade or created before June twenty-fifth, eighteen hundred\nseventy-three, nor alters, changes or interferes with such will, devise\nor trust. As to any such will, devise or trust a minor adopted before\nthat date is not an heir so as to alter estates or trusts or devises in\nwills so made or created. Nothing in this article in regard to an adult\nadopted pursuant hereto inheriting from the adoptive parent applies to\nany will, devise or trust made or created before April twenty-second,\nnineteen hundred fifteen, nor alters, changes or interferes with such\nwill, devise or trust. As to any such will, devise or trust an adult so\nadopted is not an heir so as to alter estates or trusts or devises in\nwills so made or created.\n It shall be unlawful to preclude a prospective adoptive parent or\nparents solely on the basis that the adoptor or adopters has had, or has\ncancer, or any other disease. Nothing herein shall prevent the rejection\nof a prospective applicant based upon his or her poor health or limited\nlife expectancy.\n A petition to adopt, pursuant to the terms of this article, where the\npetitioner's parentage is legally-recognized under New York State law\nshall not be denied solely on the basis that the petitioner's parentage\nis already legally-recognized.\n