New York Consolidated Laws
N.Y. Domestic Relations Law § 110 (2026)
Who may adopt; effect of article
✓ current as of May 2026
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§ 110. Who may adopt; effect of article. An adult unmarried person, an adult married couple together, or any two unmarried adult intimate partners together may adopt another person. An adult married person who is living separate and apart from his or her spouse pursuant to a decree or judgment of separation or pursuant to a written agreement of separation subscribed by the parties thereto and acknowledged or proved in the form required to entitle a deed to be recorded or an adult married person who has been living separate and apart from his or her spouse for at least three years prior to commencing an adoption proceeding may adopt another person; provided, however, that the person so adopted shall not be deemed the child or step-child of the non-adopting spouse for the purposes of inheritance or support rights or obligations or for any other purposes. An adult or minor married couple together may adopt a child of either of them born in or out of wedlock and an adult or minor spouse may adopt such a child of the other spouse. No person shall hereafter be adopted except in pursuance of this article, and in conformity with section three hundred seventy-three of the social services law. An adult married person who has executed a legally enforceable separation agreement or is a party to a marriage in which a valid decree of separation has been entered or has been living separate and apart from his or her spouse for at least three years prior to commencing an adoption proceeding and who becomes or has been the custodian of a child placed in their care as a result of court ordered foster care may apply to such authorized agency for placement of said child with them for the purpose of adoption. Final determination of the propriety of said adoption of such foster child, however, shall be within the sole discretion of the court, as otherwise provided herein. Adoption is the legal proceeding whereby a person takes another person into the relation of child and thereby acquires the rights and incurs the responsibilities of parent in respect of such other person. A proceeding conducted in pursuance of this article shall constitute a judicial proceeding. An order of adoption or abrogation made therein by a surrogate or by a judge shall have the force and effect of and shall be entitled to all the presumptions attaching to a judgment rendered by a court of general jurisdiction in a common law action. No adoption heretofore lawfully made shall be abrogated by the enactment of this article. All such adoptions shall have the effect of lawful adoptions hereunder. Nothing in this article in regard to a minor adopted pursuant hereto inheriting from the adoptive parent applies to any will, devise or trust made or created before June twenty-fifth, eighteen hundred seventy-three, nor alters, changes or interferes with such will, devise or trust. As to any such will, devise or trust a minor adopted before that date is not an heir so as to alter estates or trusts or devises in wills so made or created. Nothing in this article in regard to an adult adopted pursuant hereto inheriting from the adoptive parent applies to any will, devise or trust made or created before April twenty-second, nineteen hundred fifteen, nor alters, changes or interferes with such will, devise or trust. As to any such will, devise or trust an adult so adopted is not an heir so as to alter estates or trusts or devises in wills so made or created. It shall be unlawful to preclude a prospective adoptive parent or parents solely on the basis that the adoptor or adopters has had, or has cancer, or any other disease. Nothing herein shall prevent the rejection of a prospective applicant based upon his or her poor health or limited life expectancy. A petition to adopt, pursuant to the terms of this article, where the petitioner's parentage is legally-recognized under New York State law shall not be denied solely on the basis that the petitioner's parentage is already legally-recognized.
Notes of Decisions
Cited in 50
cases (3 in the last 5 years), 1986–2025 · leading case: Matter of Jacob, 660 N.E.2d 397 (N.Y. 1995).
Matter of Jacob, 660 N.E.2d 397 (N.Y. 1995). “Under the New York adoption statute, a single person can adopt a child (Domestic Relations Law § 110). Equally clear is the right of a single homosexual to adopt ( see , 18 NYCRR 421.”
Matter of Baby Boy C., 638 N.E.2d 963 (N.Y. 1994). “The Surrogate also found that the children would likely be prejudiced if appellant were permitted to revoke his consents and agreements of adoption in that, under Domestic Relations Law § 110 as then in effect, respondent, as an adult married *98 person, could only adopt the…”
In re Sebastian, 25 Misc. 3d 567 (N.Y. Sur. Ct. 2009). “Similarly, adoption statutes established legal parentage for married couples who were biological/genetic strangers to a child (Domestic Relations Law § 110). Adoption also permitted an unrelated person, married to a child’s mother or father subsequent to the child’s birth, to…”
In re the Adoption of Carl, 184 Misc. 2d 646 (N.Y.C. Fam. Ct. 2000). “An adult mar *649 ried person who is living separate and apart from his or her spouse pursuant to a decree or judgment of separation or pursuant to a written agreement of separation subscribed by the parties thereto * * * or an adult married person who has been living separate…”
In re the Adoption of Carolyn B., 6 A.D.3d 67 (N.Y. App. Div. 2004). “On this appeal, we' are called upon to decide a question expressly left unanswered in Jacob: whether two unmarried adults may jointly adopt a child who is the biological child of neither of them (see id.”
In re the Adoption of A., 189 Misc. 2d 500 (N.Y.C. Fam. Ct. 2001). “Under the clear language of Domestic Relations Law § 110, an unmarried person has standing to adopt.”
Braschi v. Stahl Assocs. Co., 543 N.E.2d 49 (N.Y. 1989). “We also reject respondent’s argument that the purpose of the noneviction provision of the rent-control laws is to control the orderly succession to real property in a manner similar to that which occurs under our State’s intestacy laws (EPTL 4-1.”
In re Raquel Marie X., 76 N.Y.2d 387 (N.Y. 1990). “Indeed, since the State permits adoption by a single adult (Domestic Relations Law § 110), this argument also fails.”
In re Jessalyn AA., 276 A.D.2d 97 (N.Y. App. Div. 2001). “Upon review of the petition and supporting documents, Family Court, in a written opinion, determined that petitioner lacked standing in that Domestic Relations Law § 110 does not permit adoption by a married person whose spouse does not join in the application and dismissed the…”
Matter of Lydia A.C. v. Gregory E.S., 155 A.D.3d 1680 (N.Y. App. Div. 2017). “In March 2015, respondent-petitioner father and his spouse filed a petition seeking to adopt the child together {see generally Domestic Relations Law § 110). In June 2015, petitioner-respondent mother filed a petition seeking to modify the existing order of custody and…”
In re Evan, 153 Misc. 2d 844 (N.Y. Sur. Ct. 1992). “Under New York law, "[a]n adult unmarried person or an adult husband and his adult wife together may adopt another person” (Domestic Relations Law § 110). As an unmarried adult, Diane is thus qualified to adopt.”
T.V. v. New York State Dep't of Health, 88 A.D.3d 290 (N.Y. App. Div. 2011). “Although adoption, the legal process by which a parent/child relationship is created where none previously existed (see Domestic Relations Law § 110), remains an “alternate remedy,” to argue that the Genetic Mother was adequately protected based on this alternative…”
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