The New York Legal Assistance Group (NYLAG) recently won an important battle in Queens County that allows biological parents to bypass adoption procedures when their same-sex partners apply to adopt their children. This second parent adoption initiative removes one major barrier to LGBT adoption, relieving the biological parent from the criminal background check, home study and interview process required of stepparents wishing to adopt their partner’s children.
In New York, as in most states in the country that have legally recognized same-sex marriage, same-sex partners now enjoy many of the privileges enjoyed by heterosexual stepparents, including:
- Picking up children from school, summer camp, day care or other protected setting
- Making medical decisions and acting as health care advocate and/or legal guardian in an emergency
- Maintaining visitation rights if the couple separates
- Maintaining parental rights if the couple moves to a state in which same-sex marriage is not recognized or in the event the biological parent dies
As in all cases of stepparent adoption, in order for the process to go forward, the birth parent of the child must give consent for the adoption. If the birth parent neither supports the child financially nor has regular contact or visits with the child, the adoptive parent can claim that the biological parent has abandoned the child. In any scenario, it is essential to consider the emotional well-being of the child when considering second parent adoption, and to refrain from adoption when it is likely to cause a conflict of loyalties in the child’s mind.
If you are a same-sex stepparent and would like to adopt your partner’s children, contact an experienced family law attorney. To learn more about second parent adoption, call the Buffalo, NY Law Offices of Randy S. Margulis at 716.886.9600 or contact us online.
As a Buffalo divorce lawyer for 28 years, I have devoted myself to solving the problems that affect families throughout the Buffalo metropolitan area and Western New York. As a family law attorney, I make it my goal to create a partnership of trust with my clients. People put their trust in me to handle cases that can potentially have a long-lasting impact on not only their lives, but the lives of their family as well.
Alexandra M. Rockwood has been with the Law Offices of Randy S. Margulis & Associates since early 2020. She primarily practices in the areas of matrimonial and family law, including divorce, child custody, and child support. Alexandra is a practicing matrimonial and family law attorney as well as a trained social worker. This combination of…
Ashleigh E. Lymburner is an Associate Attorney with the Law Offices of Randy S. Margulis & Associates, PLLC, and has been with the firm since August 2024. She primarily practices in the areas of matrimonial and family law, including divorce, child custody, and child support. Her experience includes serving a Judicial Externship under Judge Sharon…
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5.0/5.0We use Mr Margulis for our estate planning and wills. He is exceptionally knowledgeable and communicates very well. We trust him with our trusts and will continue to use his services as long as we can. Thankfully we don’t need his divorce services,...
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5.0/5.0
Divorce is always an unpleasant event and my case was no exception, yet the guidance, professionalism and ethical strategy that Randy Margulis provided was essential in finding the best solutions for my children, my ex-wife and myself. As the proces...
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5.0/5.0
Divorce is always an unpleasant event and my case was no exception, yet the guidance, professionalism and ethical strategy that Randy Margulis provided was essential in finding the best solutions for my children, my ex-wife and myself. As the proces...
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5.0/5.0
Randy Margulis is knowledgable of Domestic Law, dedicated, responsive, personable, aggressive and effective. I came to him on a friend's recommendation as well as Randy's reputation, and during the initial consultation I liked his approach and track ...
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5.0/5.0
Found Mr. Margulis to be a very organized and professional individual to work with. He is well-respected by his peers and is spoken of highly, I believe this helped with my divorce and made things go smoothly. I would highly recommend his services ...
