bigstock Family Having Lunch Together ANew York’s Appellate Court has recently ruled that its family court is not allowed to consider and grant an adoption of a child who is under the states’ care as the child’s parent is no longer alive. This can be done only if the foster care agency approves the child’s adoption, as reported by the New York Law Journal in an October 12th, 2012 news article.

Yary who is about six years old was taken from her mother a couple months after her birth in 2006, as he mother was unable to care for her. The mother’s prior children were also taken from her care as well for the very same reason. The Bronx Family Court ordered the child to be taken away from her mother’s care by the Administration for Child Services (ACS). The child was then placed into foster care with a foster mother. The child’s foster mother sought the girl’s adoption.

The state wanted the mother’s rights to be terminated but before a decision was granted the mother died. The child’s father was never a part of the child’s life so she had no parents when her mother died. Thus, the ACS gave the foster care agency the power to agree to the child’s adoption. However, when the foster mother and the child’s aunt sought adoption then ACS claimed that the foster care agency was the one who could agree whether or not the child can be adopted. The Bronx Family Court held that it had the power to decide who could adopt the child as this was in the child’s best interest.  However, the Appellate Court reversed this holding, as the Bronx Family Court did not have the authority to do so.