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SURROGATE’S COURT DOES NOT HAVE THE AUTHORITY TO ABROGATE OR VACATE A FOREIGN ORDER OF ADOPTION.

The Second Department determined Surrogate’s Court did not have the authority under the Domestic Relations Law to deny recognition of, or vacate, adoption orders issued to petitioners by a Russian court. After adopting the children, petitioners learned the children had serious mental health problems which required placement in a residential psychiatric treatment facility. Petitioners then sought relief from the Russian adoption orders:

… [T]he Surrogate’s Court lacked authority under Domestic Relations Law § 111-c to deny recognition of the adoption order. Although a court may deny a petition for registration of a foreign adoption order on the ground that it does not satisfy the requirements set forth in Domestic Relations Law § 111-c(1) … , the statute, by its plain language, was not intended to function as a means to abrogate a foreign adoption or deny recognition of a foreign adoption order on the basis of fraud. …

The Surrogate’s Court similarly lacked authority under Domestic Relations Law § 114(3) to vacate the adoption order. That statute provides that, “[i]n like manner as a court of general jurisdiction exercises such powers, a judge or surrogate of a court in which the order of adoption was made may open, vacate or set aside such order of adoption for fraud, newly discovered evidence or other sufficient cause.” … The plain language of that statute only empowers a New York court to vacate its own adoption orders, and not those issued in a foreign sovereign nation … . Matter of Child A (Parent M.), 2016 NY Slip Op 08510, 2nd Dept 12-21-16

 

FAMILY LAW (SURROGATE’S COURT DOES NOT HAVE THE AUTHORITY TO ABROGATE OR VACATE A FOREIGN ORDER OF ADOPTION)/SURROGATE’S COURT (FAMILY LAW, ADOPTION, SURROGATE’S COURT DOES NOT HAVE THE AUTHORITY TO ABROGATE OR VACATE A FOREIGN ORDER OF ADOPTION)/ADOPTION (SURROGATE’S COURT DOES NOT HAVE THE AUTHORITY TO ABROGATE OR VACATE A FOREIGN ORDER OF ADOPTION)/DOMESTIC RELATIONS LAW (SURROGATE’S COURT DOES NOT HAVE THE AUTHORITY TO ABROGATE OR VACATE A FOREIGN ORDER OF ADOPTION)

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