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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=47155 Judge Porzio A SAME-SEX couple, neither of whom is a biological parent of or has a blood relationship to the subject child, filed an unopposed adoption petition. They submitted financial disclosure forms, the placement agency’s consent to adoption and reports that neither has a criminal history or is the subject of a child abuse or maltreatment action. The court granted adoption, finding no legal barrier preventing the couple’s joint adoption of the child. Pursuant to 18 New York Codes, Rules and Regulations �421.16(h)(2) an adoption petition shall not be rejected solely based on homosexuality. The court found that even if it read Matter of Jacob and Matter of the Adoption of Emilio R. as holding that only a legal parent can consent to his or her unmarried partner’s adoption of his or her child, it could allow one petitioner to adopt and then later, the adoptive parent, as legal parent, could consent to the child’s adoption by his or her partner: the result being that both petitioners would be the child’s legal parent.

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