Surrogate Rita Mella
The court questioned whether two close friends who jointly participated in all aspects of an adoption process and have been raising the child together may be joint, legal adoptive parents in this uncontested second-parent adoption action. It concluded in the affirmative. The parties, KAL and LEL, while not married, made all decisions of adoption together, yet could not adopt the child, G. together in Ethiopa, thus, KAL adopted G. alone. The social worker who performed a home study concluded KAL and LEL “presented a strong, balanced and committed parenting relationship,” recommending proceeding with LEL’s adoption of G. The court noted that in acknowledging an obligation to interpret Domestic Relations Law §110 with the child’s best interests in mind, courts consistently read the statue in an expansive manner regarding the class of person who may adopt. It stated the definition of “intimate partner” within the statute did not require individuals to live in the same household or have a sexual relationship for their relationship to be considered “intimate.” The court also concluded §117 would not terminate KAL’s parental rights, thus did not prevent LEL’s adoption of G, finding it clearly in G’s best interests to have LEL become her legal parent.
