ยง 113-a. Effect of death of potential adoptive parent. Notwithstanding
any other provision of law to the contrary, when a petition for adoption
by two persons has been duly filed, and one of the petitioners dies
before the adoption is complete, it shall be treated as a change of
circumstance. This change may be reviewed to assure that the adoption is
in the best interest of the child. The death of one of the adoptive
parents shall not, by itself, invalidate a certification nor shall the
death of one of the adoptive parents cause a new petition for adoption
to be filed. The deceased adoptive parent shall be considered one of the
legal parents, unless the surviving adoptive parent requests otherwise.
Structure New York Laws
Title 2 - Adoption From an Authorized Agency
112 - General Provisions Relating to Adoption From Authorized Agencies.
112-A - Expedited Calendaring of Adoption Proceedings.
112-B - Post-Adoption Contact Agreements; Judicial Approval; Enforcement.
113 - Special Provisions Relating to Adoption From Authorized Agencies.