Legal Question in Family Law in New York

My same-sex partner and I are legally married in a state which allows such marriages, but we reside in a state which does not recognize our marriage. We are planning to start a family, and our state of residence does not allow same-sex second parent adoption. I am aware that the state of NY recognizes out of state same-sex marriages, and I am aware that when a legally married lesbian in NY gives birth that both mothers names are placed on the birth certificate. If we were to have our child in the state of NY, is it possible to file for a same-sex second parent adoption in NY or would any adoption have to occur in our state of residence?


Asked on 9/01/09, 4:32 pm

1 Answer from Attorneys
Kristen Browde Browde Law, P.C.

I'd check with Lambda Legal Defense or GLAAD to be certain - but I'd suspect that while New York allows same sex couples to adopt, it would only go through the process if you were New York residents.

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Answered on 9/07/09, 10:32 am


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