US Laws, Codes, Statutes & Cases

 
    §  110. Who may adopt; effect of article. An adult unmarried person or
  an adult husband and his adult wife together may adopt  another  person.
  An adult married person who is living separate and apart from his or her
  spouse  pursuant  to a decree or judgment of separation or pursuant to a
  written agreement of separation subscribed by the  parties  thereto  and
  acknowledged  or  proved  in  the  form required to entitle a deed to be
  recorded or an adult married person who has  been  living  separate  and
  apart  from  his  or  her  spouse  for  at  least  three  years prior to
  commencing an adoption proceeding may adopt  another  person;  provided,
  however,  that  the  person  so adopted shall not be deemed the child or
  step-child of the non-adopting spouse for the purposes of inheritance or
  support rights or obligations or for any other  purposes.  An  adult  or
  minor  husband and his adult or minor wife together may adopt a child of
  either of them born in or out of wedlock and an adult or  minor  husband
  or an adult or minor wife may adopt such a child of the other spouse. No
  person  shall  hereafter be adopted except in pursuance of this article,
  and in conformity with section three hundred seventy-three of the social
  services law.
    An adult  married  person  who  has  executed  a  legally  enforceable
  separation agreement or is a party to a marriage in which a valid decree
  of  separation  has  been  entered or has been living separate and apart
  from his or her spouse for at least three years prior to  commencing  an
  adoption proceeding and who becomes or has been the custodian of a child
  placed  in their care as a result of court ordered foster care may apply
  to such authorized agency for placement of said child with them for  the
  purpose  of  adoption.  Final  determination  of  the  propriety of said
  adoption of such  foster  child,  however,  shall  be  within  the  sole
  discretion of the court, as otherwise provided herein.
    Adoption is the legal proceeding whereby a person takes another person
  into  the  relation  of child and thereby acquires the rights and incurs
  the responsibilities of parent in respect of such other person.
    A proceeding conducted in pursuance of this article shall constitute a
  judicial proceeding. An order of adoption or abrogation made therein  by
  a  surrogate  or by a judge shall have the force and effect of and shall
  be entitled to all the presumptions attaching to a judgment rendered  by
  a court of general jurisdiction in a common law action.
    No  adoption  heretofore  lawfully  made  shall  be  abrogated  by the
  enactment of this article. All such adoptions shall have the  effect  of
  lawful adoptions hereunder.
    Nothing  in  this article in regard to a minor adopted pursuant hereto
  inheriting from the adoptive parent applies to any will, devise or trust
  made   or   created   before   June   twenty-fifth,   eighteen   hundred
  seventy-three,  nor alters, changes or interferes with such will, devise
  or trust. As to any such will, devise or trust a  minor  adopted  before
  that  date is not an heir so as to alter estates or trusts or devises in
  wills so made or created. Nothing in this article in regard to an  adult
  adopted  pursuant  hereto inheriting from the adoptive parent applies to
  any will, devise or trust made or created  before  April  twenty-second,
  nineteen  hundred  fifteen,  nor alters, changes or interferes with such
  will, devise or trust. As to any such will, devise or trust an adult  so
  adopted  is  not  an heir so as to alter estates or trusts or devises in
  wills so made or created.
    It shall be unlawful to preclude  a  prospective  adoptive  parent  or
  parents solely on the basis that the adoptor or adopters has had, or has
  cancer, or any other disease. Nothing herein shall prevent the rejection
  of  a prospective applicant based upon his or her poor health or limited
  life expectancy.