The court decided on whether a functioning second parent had standing under Domestic Relations Law §110 to adopt a boy, even thought she was not married to the child’s adoptive father, nor were they living together, and had not ever been in a spousal relationship, according to the July 23,2012 edition of The New York Law Journal.

The child had been adopted by the father, while he was still in a relationship with the Plaintiff, but he lived with the Plaintiff after the end of the relationship. The two entered into a joint parenting agreement, which said that the father agreed to the second-parent adoption of his son, by Plaintiff.

The court did not find DRL §110  to say anything against a single adult adopting a child, however the question remained whether  the boy would legally be the child of both parents or if he would remain the child of his father. The court decided that in the best interest of the child, a second parent adoption was the better choice. This would not only provide him with better emotional and economic advantages, but it would also give the Plaintiff the chance to apply for citizenship for the child.

Jayson Lutzky has been a practicing New York attorney for over 29 years. He is experienced in getting the best results for his clients who are facing family law issues such as divorces, child custody, and child support issues. If you are facing a family law issue, then contact our law office or visit our website at for a free initial consultation or call 1-800-660-LAWYER or 1-800-660-5299.