Title DOM, Domestic Relations

§ 1. Short title. This chapter shall be known as the "Domestic\nRelations Law."\n

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

§ 10-a. Parties to a marriage. 1. A marriage that is otherwise valid\nshall be valid regardless of whether the parties to the marriage are of\nthe same or different sex.\n 2. No government treatment or legal status, effect, right, benefit,\nprivilege, protection or responsibilit…

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

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

§ 11. By whom a marriage must be solemnized. No marriage shall be\nvalid unless solemnized by either:\n 1. A clergyman or minister of any religion, or by the senior leader,\nor any of the other leaders, of The Society for Ethical Culture in the\ncity of New York, having its prin…

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

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

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

§ 11-d. One-day marriage officiant license. 1. A town or city clerk\nshall issue a one-day marriage officiant license upon request. Such\none-day marriage officiant shall have the authority to solemnize a\nmarriage which marriage shall be valid if performed in accordance with\no…

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

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

§ 111-a. Notice in certain proceedings to fathers of children born\nout-of-wedlock. 1. Notwithstanding any inconsistent provisions of this\nor any other law, and in addition to the notice requirements of any law\npertaining to persons other than those specified in subdivision tw…

§ 111-b. Determination of issue of paternity by surrogate;\nlimitations. 1. In the course of an adoption proceeding conducted\npursuant to this article the surrogate shall have jurisdiction to\ndetermine any issue of paternity arising in the course of the same\nproceeding and to…

§ 111-c. Adoption order from foreign country or foreign jurisdiction.\n1. A final judgment of adoption granted by a judicial, administrative or\nexecutive body of a jurisdiction or country other than the United States\nshall have the same force and effect in this state as that g…

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

§ 112. General provisions relating to adoption from authorized\nagencies. In an adoption from an authorized agency the following\nrequirements shall be observed:\n 1. The adoptive parents or parent and the adoptive child must appear\nfor examination before a judge or surrogate o…

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

§ 112-b. Post-adoption contact agreements; judicial approval;\nenforcement. 1. Nothing in this section shall be construed to prohibit\nthe parties to a proceeding under this chapter from entering into an\nagreement regarding communication with or contact between an adoptive\nchi…

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

§ 113-a. Effect of death of potential adoptive parent. Notwithstanding\nany other provision of law to the contrary, when a petition for adoption\nby two persons has been duly filed, and one of the petitioners dies\nbefore the adoption is complete, it shall be treated as a change…

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

§ 115. General provisions relating to private-placement adoptions. 1.\n(a) Except as otherwise provided in this title, private-placement\nadoptions shall be effected in the same manner as provided in sections\none hundred twelve and one hundred fourteen of title two of this\nart…

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

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

§ 115-c. Temporary guardianship by adoptive parent. In any case where\nphysical custody of a child is transferred from the child's parent or\nguardian to another person or persons for the purposes of adoption and a\nconsent to the adoption of such child has been executed pursuan…

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

§ 115-e. Effect of death of potential adoptive parent. Notwithstanding\nany other provision of law to the contrary, when a petition for adoption\nby two persons has been duly filed, and one of the petitioners dies\nbefore the adoption is complete, it shall be treated as a change…

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

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

§ 12. Marriage, how solemnized. No particular form or ceremony is\nrequired when a marriage is solemnized as herein provided by a clergyman\nor magistrate, or one-day marriage officiant as designated by a town or\ncity clerk pursuant to section eleven-d of this article, but the …

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

§ 122. Public policy. Genetic surrogate parenting agreements are\nhereby declared contrary to the public policy of this state, and are\nvoid and unenforceable.\n

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

§ 124. Proceedings regarding parental rights, status or obligations.\nIn any action or proceeding involving a purported genetic surrogacy\nparenting agreement, the parentage of the child will be determined based\non the laws of New York state and:\n 1. the court shall not consid…

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

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

§ 13-b. Time within which marriage may be solemnized. A marriage shall\nnot be solemnized within twenty-four hours after the issuance of the\nmarriage license, unless authorized by an order of a court of record as\nhereinafter provided, nor shall it be solemnized after sixty day…

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

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

§ 14. Town and city clerks to issue marriage licenses; form. The town\nor city clerk of each and every town or city in this state is hereby\nempowered to issue marriage licenses to any parties applying for the\nsame who may be entitled under the laws of this state to apply there…

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

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

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

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

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

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

§ 146. Judgment, how far conclusive. A final judgment, annulling a\nmarriage rendered during the lifetime of both the parties is conclusive\nevidence of the invalidity of the marriage in every court of record or\nnot of record, in any action or special proceeding, civil or crimi…

§ 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\nin which either party is under the age of eighteen years is hereby\nprohibited. Any town or city clerk who shall knowingly issue a marriage\nlicense to any persons, one or both of whom shall be at the time of…