In re the Adoption of Joseph

OPINION OF THE COURT

John G. Ringrose, S.

Petitioners, an unmarried couple, seek to adopt Joseph. Section 110 of the Domestic Relations Law does not specifically authorize the adoption by two unmarried individuals residing together, but the Court of Appeals has settled the question that an unmarried couple may together adopt a child born to one of them. (Matter of Jacob, 86 NY2d 651.) The Court in that decision did not address the question whether two unmarried people could adopt a child where neither of the individuals is *486the biological parent. In fact, the Court focused on the biological tie…