People ex rel. Williams v. Windham Child Care

Kupferman, J. (concurring).

While I concur in the determination, I do not believe we should gloss over the primary complaint of the petitioner that because she was married but separated from her husband, she was ineligible to adopt until she got her divorce. Subdivision 3 of section 383 of the Social Services Law, in providing for the possibility of adoption for foster parents of over two years’ duration, refers to "any adult unmarried person”. The purpose of this was to prevent discrimination against single people, not to require that they be divorced rather than separated. In fact, the…