Full question:
I live in New York. A month ago, my husband and I filed a petition to adopt a child from an agency . But last weekend, my husband died of heart attack. Will the death of an adoptive parent invalidate the adoption which is supposed to take place?
- Category: Adoption
- Date:
- State: New York
Answer:
No, in New York, death of one of the adoptive parents shall not by itself invalidate adoption. This is stated in New York Consolidated Law Service §115-e which reads as follows:“Notwithstanding any other provision of law to the contrary, when a petition for adoption by two persons has been duly filed, and one of the petitioners dies before the adoption is complete, it shall be treated as a change of circumstance. This change may be reviewed to assure that the adoption is in the best interest of the child. The death of one of the adoptive parents shall not, by itself, invalidate a certification nor shall the death of one of the adoptive parents cause a new petition for adoption to be filed. The deceased adoptive parent shall be considered one of the legal parents, unless the surviving adoptive parent requests otherwise.”
Therefore, per New York Consolidated Law Service §115-e, your adoption will be considered valid. This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
