Status of the potential adoptive father upon his death before completion of adoption?
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?
02/13/2017 |
Category: Adoption |
State: New York |
#32044
Answer:
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.