Matter of Diane B.

[*1] Matter of Diane B. 2021 NY Slip Op 50517(U) Decided on June 3, 2021 Surrogate's Court, Essex County Meyer, J. Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on June 3, 2021
Surrogate's Court, Essex County

In the Matter of the Adoption of Diane B., an Adult.



X-2021/7



Noreen McCarthy, Keene Valley, New York, for Petitioner.
Richard B. Meyer, J.

The petitioner, James D., seeks to adopt Diane B., his spouse. This proceeding was commenced by the filing of a petition on April 15, 2021. The petition specifically alleges that both parties are "married . . .and living together." Both James D. and Diane B. signed the petition, Diane B. doing so as both adoptee and consenting spouse.

"Adoption in this State is 'solely the creature of, and regulated by, statute law' (Matter of Eaton, 305 NY 162, 165, 111 N.E.2d 431) and '[t]he Legislature has supreme control of the [*2]subject' [internal quotation marks omitted] (Carpenter v. Buffalo Gen. Elec. Co., supra, 213 NY at p. 107, 106 N.E. 1026, quoting Matter of Cook, 187 NY 253, 260, 79 N.E. 991.) Consequently, because adoption is entirely statutory and is in derogation of common law, the legislative purposes and mandates must be strictly observed. [footnote omitted] (See Matter of Malpica-Orsini, supra, 36 NY2d at p. 570, 370 N.Y.S.2d 511, 331 N.E.2d 486; Matter of Santacose, 271 App.Div. 11, 16, 61 N.Y.S.2d 1; 2 NY Jur, Adoption, § 3.)" (Matter of Adoption of Robert Paul P., 63 NY2d 233, 237-38, 481 N.Y.S.2d 652, 654, 471 N.E.2d 424, 426 [1984]; Matter of Jacob, 86 NY2d 651, 657, 636 N.Y.S.2d 716, 718, 660 N.E.2d 397, 399 [1995]).

Pursuant to Domestic Relations Law §110, "[a]n adult unmarried person, an adult married couple together, or any two unmarried adult intimate partners together may adopt another person [emphasis added]." This language does not contemplate a husband adopting his wife or a wife adopting her husband. James D. does not have standing to adopt Diane B., his wife, nor is Diane B. a person who may be adopted by James D., her husband. The petition must therefore be, and it hereby is, dismissed.

It is so ordered.

ENTER

Hon. Richard B. Meyer, Judge