State: New York
Filed: December 31, 2019
Court: New York Court of Appeals
Overview: This brief argues that New York’s adoption statute requires the informed consent of adult adoptees. The lower court held that the consent of the adult adoptee is properly dispensed with where adoption would further the person’s best interests.
Excerpt: “In dispensing with Marian’s consent to her own adoption, the lower courts embraced the outdated-and discriminatory-view that adults with intellectual disability may be treated as perpetual children under the law. Despite changes in law, policy, and societal attitudes regarding the treatment of adults with intellectual disability, outmoded stereotypes of adults with intellectual disability as lacking personhood and the ability to exercise self-determination linger. The lower courts’ decisions reflect those outdated views and threaten a dangerous reversal of advances made by people with intellectual disability.”
Status: Awaiting decision