Full question:
My husband and I live in New York City. We had filed for a petition with the adoption agency for adopting a child which is due next month but my husband died of heart attack last week. Since my husband and I were the two parties to the petition for adoption, will my husband still be considered as the legal parent of the adoptive child?
- Category: Adoption
- Date:
- State: New York
Answer:
In New York, whenever a petition for adoption is filed by two parties and upon death of either of the party before completion of adoption shall be considered as change in circumstances. This change shall be such that the adoption is taken place based on the best interest of the child. Therefore, upon death of either of the parents shall not invalidate adoption nor a new petition need to be filed. The deceased potential adoptive parent shall still be considered as on the legal parents of the child unless a request is made by the surviving adoptive parent.This is stated in NY CLS Dom Rel. §113-a. It reads:
“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.”
In your case, your husband may be considered as the legal adoptive parent of the child.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.
