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Lesbian Adoption Allowed in New York
In a case of first impression, a split New York State appellate court reversed a family court's order dismissing the adoption petition filed by a lesbian couple, and approved the adoption of a 5-year-old Cambodian girl. Matter of Adoption of Carolyn B., CAF 03-01032, Appellate Division, 4th Department, March 24, 2004.
Although no one opposed the adoption petition submitted by Nancy Hackett and Sheila Sloan, Family Court Judge Gail A. Donofrio in Rochester dismissed it on the ground that they had not complied with Domestic Relations Law ' 110, which addresses the subject of who may adopt. The statute lists only an unmarried adult, or a husband and his wife. Justice Samuel L. Green, writing for the majority of the appellate court, said there was no question that the law confers standing on either Hackett or Sloan to adopt Carolyn. The sexual orientation of the girl's proposed parents was not significant, he said, because the goal of the statute was to encourage the adoption of as many children as possible. However, the statute “neither expressly prohibits petitioners, as an unmarried couple, from adopting Carolyn jointly … nor expressly permits them to do so.”
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