A Queens man may legally adopt his husband’s biological twins even though they were born to a woman under a surrogacy agreement that is illegal in New York state, a Family Court judge determined.

Judge Barbara Salinitro (See Profile) ruled that the best interests of the twins is the most important consideration in weighing the adoption petition of a man identified in court papers as “J.H.-W.,” not that the surrogacy agreement that reulted in their birth is “void and unenforceable” under New York law.