The NY Times notes that thanks to a recent ruling by Brooklyn Surrogate’s Court Judge Margarita López Torres, second-parent adoptions may soon no longer be necessary for the gay community.
The article notes that for several years, lawyers have encouraged same-sex parents to obtain second-parent adoptions in states where they are available. The reason is that they are generally viewed as the best way to cement the legal rights and responsibilities of the non-gestational parent and to ensure that those of the donor are officially terminated.
The case noted by the NYT Times was before Judge Torres and concerned a married lesbian couple who, after conceiving with donor sperm, petitioned for approval of a second-parent adoption for the non-gestational mother. In a surprise decision, since she had approved many such petitions in the past, Judge Torres ruled that adoption was neither “necessary nor available” in this case since a “presumption of parenthood” exists for all married couples.