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, the death of one of the adoptive parents does not automatically invalidate the adoption. According to New York Consolidated Law Service § 115-e, if a petition for adoption by two people is filed and one dies before the adoption is finalized, it is considered a change in circumstances. This change will be reviewed to ensure that the adoption remains in the best interest of the child. The deceased parent is still regarded as a legal parent unless the surviving parent requests otherwise. Therefore, your adoption will still be valid.
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