Whether you've tied the knot shouldn't matter: Anyone, regardless of marital status, should be permitted to adopt in New York if it is in the child's best interests

Abstract

New York Domestic Relations Law Section 110, which outlines who can adopt, precludes married petitioners from adopting without their spouse joining in the adoption petition, even when all parties involved support the adoption, and it is in the child's best interests. Some judges have prioritized the child's best interests and granted adoptions in such cases, while others have rigidly construed the statute and denied them. Amending the statute so that anyone can adopt, regardless of marital status, if it is in the child's best interests would ensure the child's best interests are the judicial system's primary consideration in approving adoptions.