Case Law Development: Parent may not Adopt Biological Child

Mother and Father had a child together in Texas.  Soon after the child's birth, Father became violent toward Mother and Mother fled to her family in New York with the child, hiding her location from Father.  Father undertook various efforts to locate his child and obtained an order for custody from a Texas court. When he did locate her, some years later, he learned that Mother had adopted her in New York, in an effort to terminate his parental rights.   He brought an action for visitation in the New York court, asking that the adoption be vacated.  The court of appeals held that the trial court erred in refusing to vacate the adoption, as biological parents may not adopt their children.

Matter of Zoe D.K. v. Kimberly R.P., 2005 NY Slip Op 8462; 2005 N.Y. App. Div. LEXIS 12491 (November 10, 2005)
Opinion on the web at http://www.courts.state.ny.us/reporter/3dseries/2005/2005_08461.htm (last visited November 14, 2005 bgf)