In re Adoption of Anthony – Adoption
In re Adoption of Anthony, 113 Misc. 2d 26, 448 N.Y.S.2d 377 (Fam. Ct. 1982).
NATURE OF THE CASE: This lawsuit involved the issue of whether biological parents should be permitted contact with a child after adoption.
FACTS: Anthony was born in 1969 and his father died eight months later. Subsequent to the death of his father Anthony’s mother married Robert. Anthony was placed in a shelter about six months after birth and was later placed with his adoptive family when he was 18 months old. Five years later the parental rights of both the mother and her husband were terminated. All three of Anthony’s older birth siblings were placed with and adopted by the same foster family. That family was unable to accommodate another child and Anthony was placed in his present home. Despite the separation, Anthony maintained contact with his older siblings. At his adoption hearing it was found that this relationship should continue but the court ordered that it be made part of the adoption order itself. This appeal resulted.
ISSUE: Is an open adoption permitted if it is in the best interests of the child?
RULE OF LAW: Yes. An open adoption is permitted if it is in the best interests of the child.
HOLDING AND DECISION: The court held that although open adoptions are not specifically authorized by statute, there was legal precedent to support the power of the court to order such arrangements if they are in the best interests of the child. Under these facts, before the court is a 12 year old child who knows all the details of his adoption and has maintained a relationship with his older siblings. It would be in Anthony’s best interests for that relationship to continue.
DISPOSITION: Affirmed.