NY Dom Rel L § 110 (2021)
2021 New York Laws DOM - Domestic Relations Article 7 - Adoption Title 1 - Adoptions Generally 110 - Who May Adopt; Effect of Article.

§  110.  Who may adopt; effect of article.  An adult unmarried person,   an adult married couple together, or any two  unmarried  adult  intimate   partners  together may adopt another person. An adult married person who   is living separate and apart from his or her spouse pursuant to a decree   or judgment  of  separation  or  pursuant  to  a  written  agreement  of   separation  subscribed by the parties thereto and acknowledged or proved   in the form required to entitle a  deed  to  be  recorded  or  an  adult   married  person  who  has been living separate and apart from his or her   spouse for  at  least  three  years  prior  to  commencing  an  adoption   proceeding  may adopt another person; provided, however, that the person   so  adopted  shall  not  be  deemed  the  child  or  step-child  of  the   non-adopting spouse for the purposes of inheritance or support rights or   obligations  or for any other purposes. An adult or minor married couple   together may adopt a child of either of them born in or out  of  wedlock   and an adult or minor spouse may adopt such a child of the other spouse.   No  person  shall  hereafter  be  adopted  except  in  pursuance of this   article, and in conformity with section three hundred  seventy-three  of   the social services law.An  adult  married  person  who  has  executed  a  legally enforceable   separation agreement or is a party to a marriage in which a valid decree   of separation has been entered or has been  living  separate  and  apart   from  his  or her spouse for at least three years prior to commencing an   adoption proceeding and who becomes or has been the custodian of a child   placed in their care as a result of court ordered foster care may  apply   to  such authorized agency for placement of said child with them for the   purpose of adoption.  Final  determination  of  the  propriety  of  said   adoption  of  such  foster  child,  however,  shall  be  within the sole   discretion of the court, as otherwise provided herein.Adoption is the legal proceeding whereby a person takes another person   into the relation of child and thereby acquires the  rights  and  incurs   the responsibilities of parent in respect of such other person.A proceeding conducted in pursuance of this article shall constitute a   judicial  proceeding. An order of adoption or abrogation made therein by   a surrogate or by a judge shall have the force and effect of  and  shall   be  entitled to all the presumptions attaching to a judgment rendered by   a court of general jurisdiction in a common law action.No adoption  heretofore  lawfully  made  shall  be  abrogated  by  the   enactment  of  this article. All such adoptions shall have the effect of   lawful adoptions hereunder.Nothing in this article in regard to a minor adopted  pursuant  hereto   inheriting from the adoptive parent applies to any will, devise or trust   made   or   created   before   June   twenty-fifth,   eighteen   hundred   seventy-three, nor alters, changes or interferes with such will,  devise   or  trust.  As  to any such will, devise or trust a minor adopted before   that date is not an heir so as to alter estates or trusts or devises  in   wills  so made or created. Nothing in this article in regard to an adult   adopted pursuant hereto inheriting from the adoptive parent  applies  to   any  will,  devise  or trust made or created before April twenty-second,   nineteen hundred fifteen, nor alters, changes or  interferes  with  such   will,  devise or trust. As to any such will, devise or trust an adult so   adopted is not an heir so as to alter estates or trusts  or  devises  in   wills so made or created.It  shall  be  unlawful  to  preclude a prospective adoptive parent or   parents solely on the basis that the adoptor or adopters has had, or has   cancer, or any other disease. Nothing herein shall prevent the rejection   of a prospective applicant based upon his or her poor health or  limited   life expectancy. A  petition to adopt, pursuant to the terms of this article, where the   petitioner's parentage is legally-recognized under New  York  State  law   shall  not be denied solely on the basis that the petitioner's parentage   is already legally-recognized.