adoption

Published on: August 7, 2024

Court considered whether the consent of the father was required for adoption. In re J’adore. E. 2020 N.Y. Slip Op. 6788 (N.Y. App. Div. 2020)

by Stephen Bilkis

In a Family Court case in Queens County, the father contested an adoption proceeding initiated by the maternal grandparents of the subject child. The court had to determine whether the father’s consent was necessary for the adoption and whether he had effectively abandoned the child.

Background Facts

The child in question was born in May 2009, losing their mother shortly after birth. Following this loss, the child’s maternal grandparents took on the responsibility of caring for them. From August 2016 onwards, the child lived with the grandparents, who agreed to raise them as their own.

Published on: July 8, 2024

Whether the biological father’s consent was necessary for adoption. In re Baby O. 181 A.D.3d 606 (N.Y. App. Div. 2020)

by Stephen Bilkis

In re Baby O. 181 A.D.3d 606 (N.Y. App. Div. 2020) involves a contested private placement adoption case adjudicated by the Family Court of Suffolk County, focusing on the biological father’s appeal against two court orders. The first order, dated October 25, 2018, determined that the father’s consent wasn’t needed for adoption. The second, on January 30, 2019, affirmed that the adoption served the child’s best interests.

Background Facts

In a contested private placement adoption case, the biological father appealed from two orders of the Family Court, Suffolk County, dated October 25, 2018, and January 30, 2019. The first order determined that his consent was unnecessary for the adoption, while the second found the adoption to be in the child’s best interests. The child in question was born out of wedlock in May 2017 in Pennsylvania. The biological father, incarcerated shortly after learning of the pregnancy, remained in prison throughout the pregnancy. The adoptive parents were present at the child’s birth and took custody of the newborn the next day. They subsequently filed for adoption in the Family Court, Suffolk County, after receiving approval from the Pennsylvania Interstate Compact on the Placement of Children office. Following hearings, the court ruled that the biological father’s consent was unnecessary for adoption and that it was in the child’s best interests to be adopted by the petitioners. The biological father contested these decisions.

Published on: May 27, 2024

Whether the consent of the father is required for adoption. Statini v. Reed 2022 N.Y. Slip Op. 4304 (N.Y. App. Div. 2022)

by Stephen Bilkis

In general, it is necessary for both parents to consent to an adoption to ensure that the child’s best interests are protected and to maintain the integrity of the family unit. This requirement serves as a safeguard to prevent the involuntary termination of parental rights and ensures that both parents have a say in the future of their child. By requiring the consent of both parents, the adoption process aims to promote stability and permanency for the child while respecting the rights of biological parents. Additionally, obtaining consent from both parents helps to establish a legal framework for the adoption, providing clarity and certainty for all parties involved. However, there are exceptions to this general rule.

In Statini v. Reed, 2022 N.Y. Slip Op. 4304 (N.Y. App. Div. 2022), the Family Court of Dutchess County faced the issue of the legalities surrounding an adoption of a child with the consent of the father.

Background Facts

Published on: April 8, 2024

Rights of the biological father of a child that was adopted. Jeffrey M. v. Ann B. 2020 N.Y. Slip Op. 20209 (N.Y. Fam. Ct. 2020)

by Stephen Bilkis

In Jeffrey M. v. Ann B., 2020 N.Y. Slip Op. 20209 (N.Y. Fam. Ct. 2020), a case before the Family Court, Respondents Randall B. and Ann B. sought the dismissal of a Visitation Petition filed by Petitioner Jeffrey M. The court’s decision shed light on the complex dynamics of adoption and visitation rights.

In New York, once an adoption is finalized, the biological parents typically relinquish their parental rights over the child. This includes the right to custody, visitation, and decision-making concerning the child’s welfare. However, under certain circumstances, biological parents may retain limited rights, particularly if outlined in a post-placement contact agreement. These agreements may allow for ongoing communication, exchange of photos, and even supervised visitation, depending on the terms agreed upon by all parties involved.

Nevertheless, such agreements are not legally binding in New York unless they are incorporated into the adoption order. Additionally, biological parents may have the option to challenge the adoption on grounds such as fraud, duress, or coercion, although there are limitations and procedural hurdles to overcome, particularly if there has been a significant passage of time since the adoption was finalized.

Published on: February 14, 2024

Where a couple adopted children, the court determined that they would share legal custody. N.K. v. S.R., 2023 N.Y. Slip Op. 23344 (N.Y. Fam. Ct. 2023)

by Stephen Bilkis

In custody cases, regardless of the parents’ sexual orientation or the children’s adoption status, the paramount concern remains the well-being and best interests of the children involved. While this particular case involves a same-sex couple and adopted children, the fundamental principles guiding the court’s decision-making process are universal. The court must carefully consider various factors, including the children’s emotional and physical health, their relationship with each parent, stability, and the ability of each parent to provide a nurturing and supportive environment. Ultimately, the goal is to ensure that the children are placed in a living arrangement that promotes their overall welfare and development.

Background Facts

S.R. and N.K. married in 2007. The children, SC1 and SC2, are S.R.’s cousin’s biological children, placed in their care as kinship foster parents. They began fostering SC1 in 2009 and SC2 in 2010 in Binghamton, New York.

Published on: December 11, 2023

Court considered whether lack of contact by biological father was a basis to grant adoption of children without his consent. M.S. v. Michael UU. (In re Wyatt JJ.), 2023 N.Y. Slip Op. 50859 (N.Y. Fam. Ct. 2023)

by Stephen Bilkis

According to DRL §111, consent from a parent is typically required for adoption in New York State. This applies to both parents unless specific circumstances exist. Consent is deemed necessary unless a parent’s rights have been legally terminated or if the parent has abandoned the child. In cases where a parent has relinquished their parental rights or has failed to maintain contact or support for the child, their consent may not be required for adoption. However, if both parents are alive and capable of providing consent, they must generally agree to the adoption for it to proceed legally. This statute aims to uphold the rights of parents while also ensuring that the best interests of the child are considered in adoption proceedings. It establishes a framework for determining when parental consent is necessary, thereby facilitating the adoption process while safeguarding parental rights and the welfare of the child.

Background Facts

In the adoption proceeding concerning Serenity JJ. and Wyatt JJ., the petitioner, referred to as Petitioner or Mother, testified regarding her relationship with the children and their biological father, Michael UU. The mother explained that she and Michael UU. were divorced in 2019 and that she subsequently married R.S. During the relevant six-month period from August 17, 2021, to February 17, 2022, Petitioner Mother stated that Michael UU. had no contact with the children, did not request visitation, and made no effort to communicate with them. She further testified that there were no legal restrictions preventing Michael UU. from contacting her or the children, nor did she block any attempts at communication.

Published on: November 23, 2022

Is establishing paternity in the best interests of a child who had been living with a foster family? Wilson D. v. Anne B., 2021 N.Y. Slip Op. 51144 (N.Y. Fam. Ct. 2021)

by Stephen Bilkis

The long-standing policy in New York has been that parents have the right to have a relationship with their children and that it is generally in the best interests of the child for the courts to give parents and children the opportunity to foster a positive relationship. However, there are circumstances where the court finds that it would be in the best interests of the child to not have a relationship with a parent. In Wilson D. v. Anne B., the court was asked to decide if it would be in the best interests of the child to establish paternity where a child had been living in foster care and a bond had developed between the child and the foster parents.

Background

While incarcerated, the putative father of the child filed a petition for custody. Because paternity had not been established, the court held his petition in abeyance pending the court of a paternity test. Meanwhile the child has been placed in foster care and the foster parents developed a close bond with the child.

Published on: September 12, 2022

The ICWA is applicable to the adoption of a Native American child even if the child’s Native American parents do not participate in tribal life. In re Baby Boy C., 805 N.Y.S.2d 313 (2005)

by Stephen Bilkis

The Indian Child Welfare Act of 1978 (ICWA) was enacted in response to practices that separated large numbers of Native American children from their families and tribe. See 25 USC § 1901 et seq. It is common for representatives from the relevant Indian tribe to intervene in child custody proceedings involving Indian children. The ICWA established certain placement preferences for Indian children who, as in the case of In re Baby Boy C., are no longer in their parents’ custody.

Background

Defendant Rita C., a Native American member of the Tohono O’odham Nation tribe (Tribe), gave birth to Baby Boy C. in March 2004. The father, Justin W., was not Native American. Rita grew up in a tribal community but eventually left it and no longer participated in its political, social, and religious affairs. Her other children were not being raised in a tribal community.

Published on: October 8, 2019

Right of Biological Mother to Seek Custody of Children She Surrendered – Beverly L. v. James H. (In re Custody/Visitation Proceeding), 2016 NY Slip Op 26243 (N.Y. Fam. Ct. 2016)

by Stephen Bilkis

The issue before the court is whether a parent who adopted out her children had the right to seek custody of them upon learning that the children were being sexually abused by the adoptive father.

The petitioner voluntarily surrendered her parental rights to her three children, 2 daughters and a son. As part of the post-surrender agreement, the mother retained the right to visit with the children, and she did so regularly. The three children were subsequently adopted. A few years after the adoption, Biological Mother found out that the children were not living in a safe environment. One of her daughters was being sexually abused by Adoptive Father. The other daughter was being sexually abused by an unrelated person. The son was being bullied in the adoptive home. In response, Biological Mother sought custody of the children. Adoptive Father admitted that he sexually abused one of the daughters and was in jail. Adoptive Mother filed a motion opposing Biological Mother’s petition, arguing that she had no standing to file for custody. Adoptive Mother also stated that she wanted to keep the children and that she was divorcing the adoptive father. In addition, the attorney representing the children opposed Biological Mother’s petition for custody.

The question before the court is whether a biological mother who previously surrendered her children has standing to bring an Article 6 custody petition against the children’s adoptive parents in a case where the adoptive father has admitted to sexually abusing one of the children.

Published on: November 14, 2015

Is Adopted Child Entitled to Trust Estate of Biological Parents?

by Stephen Bilkis

The question presented is whether a child born out of wedlock, who is adopted out of his biological family at birth, is entitled to a share of a trust estate devised by his biological grandmother to her daughter’s issue. The Surrogate’s Court entered a decree in the child’s favor, which has been unanimously affirmed by the Appellate Division. We granted leave to appeal and now reverse.

The decedent died in 1973, leaving a will which provided for a residuary trust. Her daughter, was designated as the income beneficiary. Upon her daughter’s death, the trustees were directed to “divide trust fund into as many shares or parts as there shall be issue and to continue to hold each of such shares or parts in trust during the life of one of said persons.” The remainder is to be paid to the surviving descendants at the latest possible date consistent with the Rule against Perpetuities.