Lawyers Manual - Unified Court System

Domestic Violence in the LGBT Communities 415
children, parents and adult siblings. (Available at:
http://www.prideagenda.org/pressreleases/pr-02-03-06.htm (last visited Apr.
5, 2006).)
20. This protection extends to all crime victims, not just September 11th
victims. 9 NYCRR Sec. 525.1, 525.2 (2004).
21. FCA § 812(1), § 821. A bill expanding the definition of “family” for the
Family Court Act that would allow LGBT people (among other unrelated
persons in intimate or dating relationships) access to the Family Court has
been proposed by the New York State Legislature since 1988. For the
2005-2006 Legislative Session bill, see A05052/S4303, proposed by
Assemblywoman Weinstein, http://assembly.state.ny.us/leg/?bn=A05052
(last visited Apr. 5, 2006).
22. It is well-established that same-sex couples in New York may adopt
children in common, and applications for adoption may not be denied on
the basis of the applicant’s sexual orientation. In re Adoption of
Anonymous, 209 AD2d 960 (4th Dept 1994); 18 NYCRR § 421.16(h).
Same-sex partner of a child’s biological mother may adopt the child
regardless of the partner’s sexual orientation. Matter of Jacob, 86 NY2d
651 (1995). Same-sex couples may adopt jointly, known as two-parent
adoptions. In re Adoption of Carolyn B., 6 AD3d 67 (4th Dept 2004). This
adoption of a child confers upon the two parents a legally recognized
relationship. New York also permits gay men and lesbians to become foster
parents. In re Adoption of Jessica N. and Another, Infants, 202 AD2d 320
(1st Dept 1994). Adoptions by same-sex couples, when challenged by one
partner after a break up, will not lightly be set aside. Turner v Hembrooke,
12 AD3d 966 (3d Dept 2004).
23. Also excluded from this definition are opposite-sex couples who choose not
to get married and do not have children in common and teenagers who are too
young to marry and do not have children in common, among other groups.
24. Groves v State University of New York at Albany, 265 AD2d 141 (3rd Dept
2000).
25. CPL § 530.11.
26. CPL § 530.13.
27. People v Hadley, 172 Misc 2d 697 (Crim Ct NY Co 1997).
28. Domestic Relations Law § 240(1).
29. Alison D. v Virginia M., 77 NY2d 651 (1991).