## Facts

- Ingrid A. and Mona A. were in a long-term relationship and legally married in the Netherlands in 2004; they lived together in New York.
- The couple used assisted reproductive technology to conceive a child: Mona donated ova fertilized by an anonymous sperm donor, and the embryo was implanted in Ingrid.
- Ingrid gave birth to “Sebastian” in New York in January 2008, and the birth certificate listed Ingrid as the only parent.
- Since birth, Ingrid and Mona continuously lived together and jointly raised Sebastian as co-parents.
- Mona petitioned in New York Surrogate’s Court for a second-parent adoption under New York Domestic Relations Law § 111 et seq. to secure her parental status, including recognition outside New York.

## Issues

1. Whether New York adoption law permits a second-parent adoption by a same-sex spouse who is the child’s genetic and intended parent without terminating the birth mother’s parental rights.
2. Whether, given assisted reproduction and cross-jurisdictional nonrecognition risks, a second-parent adoption is an appropriate mechanism to provide stable and enforceable parent-child legal status.
3. Whether granting the adoption serves the child’s best interests where the petition is uncontested and the family unit is stable.

## Decision

- The court granted Mona’s petition and entered an order of second-parent adoption.
- The court concluded that, even if Mona had other arguable paths to establish or evidence parentage, adoption was the only available remedy that provided the highest level of legal certainty across jurisdictions.
- The court determined that the adoption furthered the child’s best interests by ensuring two legally recognized parents and protecting continuity of care and decision-making.

## Legal Principles

- New York’s adoption statutes may be applied to allow a second-parent adoption in a same-sex family without severing the birth parent’s rights when the adoption secures the child’s welfare and stability.
- In assisted reproduction contexts, genetic connection, parental intent, and day-to-day parenting may support recognition of a parent-child relationship, but an adoption decree supplies the most definitive and portable legal protection.
- The “best interests of the child” standard governs adoption determinations and supports granting an adoption that stabilizes an existing parent-child relationship in a settled household.
- A judicial adoption order functions as a durable parentage determination and may reduce risks posed by inconsistent interstate or international recognition of same-sex marriage or nontraditional parentage theories.

## Conclusion

The Surrogate’s Court approved a second-parent adoption for a child conceived through assisted reproduction in a married same-sex couple, holding that adoption was warranted and in the child’s best interests because it provided the clearest and most reliable legal protection for the parent-child relationship, including across jurisdictional boundaries.


In re Adoption of a Child Whose First Name Is Sebastian (N.Y. Sur. Ct. Apr. 9, 2009)