Title DOM, Domestic Relations

§ 1. Short title. This chapter shall be known as the "Domestic Relations Law."

§ 10. Marriage a civil contract. Marriage, so far as its validity in law is concerned, continues to be a civil contract, to which the consent of parties capable in law of making a contract is essential.

§ 10-a. Parties to a marriage. 1. A marriage that is otherwise valid shall be valid regardless of whether the parties to the marriage are of the same or different sex. 2. No government treatment or legal status, effect, right, benefit, privilege, protection or responsibility rel…

§ 10-b. Religious exception. 1. Notwithstanding any state, local or municipal law, rule, regulation, ordinance, or other provision of law to the contrary, a religious entity as defined under the education law or section two of the religious corporations law, or a corporation inc…

§ 109. Definitions. When used in this article, unless the context or subject matter manifestly requires a different interpretation: 1. "Adoptive parent" or "adoptor" shall mean a person adopting and "adoptive child" or "adoptee" shall mean a person adopted. 2. "Judge" shall mean…

§ 11. By whom a marriage must be solemnized. No marriage shall be valid unless solemnized by either: 1. A clergyman or minister of any religion, or by the senior leader, or any of the other leaders, of The Society for Ethical Culture in the city of New York, having its principal…

§ 11-a. Duty of city clerk in certain cities of the first class; facsimile signature of said clerk authorized. 1. a. The city clerk of a city of the first class of over one million inhabitants may designate in writing any or all of the deputy city clerks and from among the perma…

§ 11-b. Registration of persons performing marriage ceremonies in the city of New York. Every person authorized by law to perform the marriage ceremony, before performing any such ceremonies in the city of New York, shall register his or her name and address in the office of the…

§ 11-c. Marriage officers. 1. Notwithstanding the provisions of section eleven of this article or any other law, the governing body of any village, town, or city may appoint one or more marriage officers who shall have the authority to solemnize a marriage which marriage shall b…

§ 11-d. One-day marriage officiant license. 1. A town or city clerk shall issue a one-day marriage officiant license upon request. Such one-day marriage officiant shall have the authority to solemnize a marriage which marriage shall be valid if performed in accordance with other…

§ 110. Who may adopt; effect of article. An adult unmarried person, an adult married couple together, or any two unmarried adult intimate partners together may adopt another person. An adult married person who is living separate and apart from his or her spouse pursuant to a dec…

§ 111. Whose consent required. 1. Subject to the limitations hereinafter set forth consent to adoption shall be required as follows: (a) Of the adoptive child, if over fourteen years of age, unless the judge or surrogate in his discretion dispenses with such consent; (b) Of the …

§ 111-a. Notice in certain proceedings to fathers of children born out-of-wedlock. 1. Notwithstanding any inconsistent provisions of this or any other law, and in addition to the notice requirements of any law pertaining to persons other than those specified in subdivision two o…

§ 111-b. Determination of issue of paternity by surrogate; limitations. 1. In the course of an adoption proceeding conducted pursuant to this article the surrogate shall have jurisdiction to determine any issue of paternity arising in the course of the same proceeding and to mak…

§ 111-c. Adoption order from foreign country or foreign jurisdiction. 1. A final judgment of adoption granted by a judicial, administrative or executive body of a jurisdiction or country other than the United States shall have the same force and effect in this state as that give…

§ 111-d. Consideration of blindness during adoption proceedings. 1. The court may not deny or decide a petition for adoption solely on the basis that the petitioner is blind. The blindness of the petitioner shall be considered relevant only to the extent that the court finds, ba…

§ 112. General provisions relating to adoption from authorized agencies. In an adoption from an authorized agency the following requirements shall be observed: 1. The adoptive parents or parent and the adoptive child must appear for examination before a judge or surrogate of the…

§ 112-a. Expedited calendaring of adoption proceedings. 1. The adoption proceeding shall be deemed filed upon receipt by the clerk of the court of all the documents required in subdivisions two, two-a, three, five and seven of section one hundred twelve of this title, and by rul…

§ 112-b. Post-adoption contact agreements; judicial approval; enforcement. 1. Nothing in this section shall be construed to prohibit the parties to a proceeding under this chapter from entering into an agreement regarding communication with or contact between an adoptive child, …

§ 113. Special provisions relating to adoption from authorized agencies. 1. An authorized agency may consent to the adoption of a minor whose custody and guardianship has been transferred to such agency. An authorized agency may also consent to the adoption of a minor whose care…

§ 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…

§ 114. Order of adoption. 1. If satisfied that the best interests of the adoptive child will be promoted thereby, the judge or surrogate shall make an order approving the adoption and directing that the adoptive child shall thenceforth be regarded and treated in all respects as …

§ 115. General provisions relating to private-placement adoptions. 1. (a) Except as otherwise provided in this title, private-placement adoptions shall be effected in the same manner as provided in sections one hundred twelve and one hundred fourteen of title two of this article…

§ 115-a. Special provisions relating to children to be brought into the state for private-placement adoption. 1. In the case of a child whose admission to the United States as an eligible orphan with non-quota immigrant status pursuant to the federal immigration and nationality …

§ 115-b. Special provisions relating to consents in private-placement adoptions. 1. A duly executed and acknowledged consent to a private-placement adoption shall state that no action or proceeding may be maintained by the consenting parent for the custody of the child to be ado…

§ 115-c. Temporary guardianship by adoptive parent. In any case where physical custody of a child is transferred from the child's parent or guardian to another person or persons for the purposes of adoption and a consent to the adoption of such child has been executed pursuant t…

§ 115-d. Petition for certification. 1. Except as provided for in subdivision eight of this section, a person or persons petitioning for certification as a qualified adoptive parent or parents shall upon a form, promulgated by the chief administrator of the courts, provide to th…

§ 115-e. 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…

§ 116. Orders of investigation and order of adoption. 1. When the adoptive child is less than eighteen years of age, no order of adoption shall be made until three months after the court shall have received the petition to adopt, except where the spouse of the adoptive parent is…

§ 117. Effect of adoption. 1. (a) After the making of an order of adoption the birth parents of the adoptive child shall be relieved of all parental duties toward and of all responsibilities for and shall have no rights over such adoptive child or to his property by descent or s…

§ 12. Marriage, how solemnized. No particular form or ceremony is required when a marriage is solemnized as herein provided by a clergyman or magistrate, or one-day marriage officiant as designated by a town or city clerk pursuant to section eleven-d of this article, but the par…

§ 121. Definitions. When used in this article, unless the context or subject matter manifestly requires a different interpretation: 1. "Genetic surrogate" shall mean a person who gives birth to a child who is the person's genetic child pursuant to a genetic surrogate parenting a…

§ 122. Public policy. Genetic surrogate parenting agreements are hereby declared contrary to the public policy of this state, and are void and unenforceable.

§ 123. Prohibitions and penalties. 1. No person or other entity shall knowingly request, accept, receive, pay or give any fee, compensation or other remuneration, directly or indirectly, in connection with any genetic surrogate parenting agreement, or induce, arrange or otherwis…

§ 124. Proceedings regarding parental rights, status or obligations. In any action or proceeding involving a purported genetic surrogacy parenting agreement, the parentage of the child will be determined based on the laws of New York state and: 1. the court shall not consider th…

§ 13. Marriage licenses. It shall be necessary for all persons intended to be married in New York state to obtain a marriage license from a town or city clerk in New York state and to deliver said license, within sixty days, to the clergyman, magistrate, or one-day marriage offi…

§ 13-aa. Test to determine the presence of sickle cell anemia. 1. On and after the effective date of this act, such test as may be necessary shall be given to each applicant for a marriage license who is not of the Caucasian, Indian or Oriental race for the purposes of discoveri…

§ 13-b. Time within which marriage may be solemnized. A marriage shall not be solemnized within twenty-four hours after the issuance of the marriage license, unless authorized by an order of a court of record as hereinafter provided, nor shall it be solemnized after sixty days f…

* § 13-c. Twenty-four hour provision waived in certain cases. 1. Notwithstanding the provisions of section thirteen-b of this chapter or any other provision of law, where either of the parties making application for a marriage license pursuant to section thirteen of this chapter…

§ 13-d. Duty of clerk issuing marriage license. 1. It shall be the duty of each town and each city clerk or duly authorized deputy acting in the clerk's stead, upon the issuance of a marriage license to display to the parties a typed or printed statement containing substantially…

§ 14. Town and city clerks to issue marriage licenses; form. The town or city clerk of each and every town or city in this state is hereby empowered to issue marriage licenses to any parties applying for the same who may be entitled under the laws of this state to apply therefor…

§ 14-a. Town and city clerks to issue certificates of marriage registration; form. 1. Upon receipt of the return of the marriage license, properly endorsed and completed by the person who shall have solemnized a marriage as provided in this article, the town and city clerks of e…

§ 140. Action for judgment declaring nullity of void marriages or annulling voidable marriage. (a) Former husband or wife living. An action to declare the nullity of a void marriage upon the ground that the former husband or wife of one of the parties was living, the former marr…

§ 141. Action to annul marriage on ground of incurable mental illness for five years; procedure; support. 1. If the marriage be annulled on the ground of the mental illness of a spouse, the court may include in the judgment an order providing for his or her suitable support, car…

§ 142. Dismissal of complaint in action by next friend to annul a marriage. Where the next friend of an infant, person with a developmental disability or person with a mental illness maintains an action annulling a marriage, the court may dismiss the complaint if justice so requ…

§ 143. Jury trial. In an action to annul a marriage, except where it is founded upon an allegation of the physical incapacity of one of the parties thereto, there is a right to trial by a jury of all the issues of fact.

§ 144. Proof required. 1. In an action to annul a marriage, a final judgment annulling the marriage shall not be rendered by default for want of an appearance or pleading, or by consent, or upon a trial of an issue, without proof of the facts upon which the allegation of nullity…

§ 146. Judgment, how far conclusive. A final judgment, annulling a marriage rendered during the lifetime of both the parties is conclusive evidence of the invalidity of the marriage in every court of record or not of record, in any action or special proceeding, civil or criminal…

§ 15. Duty of town and city clerks. 1. (a) It shall be the duty of\nthe town or city clerk when an application for a marriage license is\nmade to him or her to require each of the contracting parties to sign\nand verify a statement or affidavit before such clerk or one of his or…

§ 15-a. Marriages of minors under eighteen years of age. Any marriage in which either party is under the age of eighteen years is hereby prohibited. Any town or city clerk who shall knowingly issue a marriage license to any persons, one or both of whom shall be at the time of th…