In re the Adoption of Infant H

In this unusual child adoption proceeding, an unmarried woman now aged 42 petitioned this court to adopt an unrelated baby obtained from Florida, now 13 months old. The agonizing and unprecedented question presented to this court is whether under a proper interpretation of the Domestic Relations Law, Baby H should be removed from the adoption petitioner, and placed through an authorized child-care agency with a husband and wife who are highly desirable parents for her.

Section 116 of the Domestic Relations Law provides that upon a petition for a private-placement adoption (that is, an adoption…