NOW - NEW YORK STATE SUPPORT MEMO
Permission for Two Unmarried Adults to Adopt a Child Together
S1523 (Duane) A5652 (Rosenthal)
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March 2009
The National Organization for Women – New York State, Inc. strongly supports S1523, which would allow for two unmarried adults to adopt a child together. Current laws in New York State allow for children to be adopted into a variety of situations, yet the state is archaic in that it will not permit two adults not bonded by matrimony to adopt. New York State needs to change this situation by accepting another common diverse family situation, a step which will positively impact women and children.
Currently, New York State law allows a single unmarried adult, an adult husband and wife, and the unmarried partner of a child’s biological parent to adopt a child. However, two unmarried adults who are not related biologically to a child are unable to adopt. The best living arrangement for a child is in a household with two stable parents, and a child should not be expected to bear the legal burden of his or her two guardians being unable or unwilling to marry. All decisions regarding whom should be given consent to legally adopt a child should be based on parental fitness, not on marital status.
In addition, making dual-parent adoption a legal option would extend numerous benefits and responsibilities to both parents, and that would be advantageous for any child involved. These benefits include, but are not limited to, having both parents’ names on the birth certificate, eligibility for health insurance coverage under both parents’ health insurance policies, life insurance benefits, and the right to continue the relationships with both parent and extended families in the event of a separation. Without S1523/ A5652, children are being discriminated against and punished.
New York State needs to recognize that family configurations are more diverse than ever before. A common distinct family type is that in which there are two adults who are unmarried, whether for legal or other reasons. These couples should not be discriminated against if they are stable and deemed able to raise a child. It is in the best interest of the children to have these rights and there is no benefit to the state by denying these families equal treatment.
NOW-NYS, Inc. supports bill S1523/ A5652 which would allow these couples to adopt a child.
Marcia A. Pappas
President
NOW NYS
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