In the Matter of the Adoption of Anthony

448 N.Y.S.2d 377 (1982)

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In the Matter of the Adoption of Anthony

New York Family Court
448 N.Y.S.2d 377 (1982)

Facts

Anthony, the 12-year-old adopted child of Dennis and Dorothy P. (adoptive parents) (plaintiffs), has been with his adoptive family since he was 18 months old. Anthony’s birth parents had three children prior to Anthony (birth siblings) and all three were adopted together by the same family. By the time Anthony was up for placement, his birth siblings’ adoptive family could not accommodate an additional child, and Anthony was placed with his adoptive parents. Since his placement, Anthony has remained in regular contact with his birth siblings. Anthony’s adoptive parents encouraged the contact and visitation between Anthony and his birth siblings. The adoptive parents filed an adoption proceeding, and the family court granted the adoption. In its own discretion, the family court included in the adoption order a provision that Anthony must have continued contact and visitation with his birth siblings. [Ed.’s note: This opinion is the family court’s explanation of the reasoning behind granting an open adoption.]

Rule of Law

Issue

Holding and Reasoning (Mainzer, J.)

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