Matter of Jacob

In Matter of Jacob (86 NY2d 651 [1995]), the Court allowed the homosexual partner of a biological parent to adopt the child of that individual. The Court noted that the purpose of the adoption statute was to further the best interests of children. In Jacob, however, the prospective adoptive parent was an unmarried individual. Under the clear language of Domestic Relations Law 110, an unmarried person has standing to adopt. The Court even noted that "the statute uses the word 'together' only to describe married persons and thus does not preclude an unmarried person in a relationship with another unmarried person from adopting." ( Id. at 660.) The statute does, however, preclude a married individual in an intact marriage from adopting without his/her spouse. Moreover, the Court in Jacob never advocated contravening the clear language of the statute to confer standing on an individual. In fact, the Court in Jacob stated that both the language of the statute as well as its legislative intent must be strictly construed. ( Id. at 659.) In Jacob, despite the dissent's concerns, the Defendant's, about the "at-will relationship of the ... couples who would be combined biological-adoptive parents," (id. at 669) (Bellacosa, J., dissenting), the Court focused on the children, and the possible constitutional issues that might arise if the Court failed to recognize the best interests of the child. (Id. at 667.)