Matter of Jacob
86 N.Y.2d 651, 660 N.E.2d 397, 636 N.Y.S.2d 716 (1995)
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Rule of Law:
The unmarried partner of a child's biological parent may become the child's second legal parent through adoption without requiring the termination of the biological parent's rights, as the adoption statute must be construed to promote the child's best interests.
Facts:
- In Matter of Jacob, Roseanne M. A., the biological mother, and her unmarried heterosexual partner, Stephen T. K., raised Roseanne's son, Jacob, together since he was one year old.
- Jacob's biological father, who was divorced from Roseanne, consented to Stephen T. K. adopting Jacob.
- In Matter of Dana, G.M. and her long-term lesbian partner, P.I., jointly decided that P.I. would be artificially inseminated to have a child they would raise together.
- Following the birth of their daughter, Dana, G.M. and P.I. shared all parenting responsibilities.
- In both cases, the non-biological partner in the unmarried couple sought to adopt the child while the biological mother retained her full parental rights.
Procedural Posture:
- In Matter of Jacob, the petitioners filed a joint adoption petition in Family Court, Oneida County (a trial-level court), which dismissed the petition for lack of standing.
- The petitioners appealed to the Appellate Division, Fourth Department (an intermediate appellate court), which affirmed the dismissal.
- In Matter of Dana, the petitioner filed an adoption petition in Family Court, Putnam County (a trial-level court), which denied the petition based on both standing and the termination requirement of DRL § 117.
- The petitioner appealed to the Appellate Division, Second Department (an intermediate appellate court), which affirmed the denial on the grounds that DRL § 117 required termination of the biological mother's rights.
- The Court of Appeals of New York, the state's highest court, granted appeals in both cases and consolidated them for review.
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Issue:
Does New York's Domestic Relations Law permit the unmarried partner of a child's biological parent to adopt the child as a second parent without terminating the biological parent's legal rights?
Opinions:
Majority - Chief Judge Kaye
Yes. New York's Domestic Relations Law permits the unmarried partner of a biological parent to adopt the child without terminating the biological parent's rights. The paramount purpose of the adoption statute is to serve the best interests of the child, and a strict, literal interpretation of the statute should not be used to prevent beneficial adoptions that provide a child with the security of two legal parents. Domestic Relations Law § 110 allows any 'adult unmarried person' to adopt, providing standing for the petitioners. Further, Domestic Relations Law § 117, which terminates a natural parent's rights upon adoption, was intended as a shield to protect new adoptive families from interference, not as a sword to sever a child's relationship with a biological parent who has consented to the adoption and will continue to raise the child with the adoptive parent. Construing the statute otherwise would lead to unjust results and raise constitutional equal protection concerns by discriminating against children based on their parents' marital status or sexual orientation.
Dissenting - Judge Bellacosa
No. New York's Domestic Relations Law does not authorize the adoption by an unmarried partner of a biological parent where the biological parent's rights are not terminated. Adoption is a creature of statute and must be strictly construed according to the plain language chosen by the Legislature, not judicially rewritten to accommodate modern social arrangements. Domestic Relations Law § 110 authorizes adoptions by an 'adult unmarried person' (singularly) or a married couple 'together,' but not by an unmarried couple jointly or in a 'second-parent' capacity. Furthermore, § 117 unambiguously mandates the termination of a biological parent's rights upon adoption, with a specific, narrow exception for stepparents, which does not apply here. The majority improperly legislates from the bench by creating a new exception based on a 'best interests' analysis and speculative constitutional concerns, usurping the Legislature's supreme authority over adoption.
Analysis:
This decision established the legality of 'second-parent adoptions' in New York, a landmark ruling for non-traditional families, particularly those headed by same-sex couples. It shifted the interpretive focus of adoption law from a rigid, literal reading of statutory text to a purposive approach centered on the best interests of the child. By doing so, the court adapted a decades-old statutory scheme to modern family structures, providing a path for thousands of children to gain the legal security and benefits of having two recognized parents. The case set a significant precedent for how courts can use principles of statutory construction to avoid outcomes they deem unjust or constitutionally suspect, even without explicit legislative amendment.
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