2023 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.