In re Adoption of Sebastian
25 Misc.3d 567, 879 N.Y.S.2d 677
N.Y.Sur.,2009.
Facts- Ingrid A. and Mona A. were legally married in the Netherlands. Mona donated her ova which were fertilized in vitro, but implanted in Ingrid's uterus, and she gave birth. A birth certificate was issued by New York City's Department of Health and Mental Hygiene naming Ingrid alone as the parent. Mona here seeks to adopt the child.
Issue- whether either an order of filiation or an acknowledgment of paternity would afford Mona-and, her son a legally recognized parental relationship outside this state's borders?
Rule- federal courts that have considered the issue have held that a judicial order of adoption in one state must be afforded full faith and credit in every other state, and that there can be no “public policy” exception to that mandatory recognition ( Finstuen, at 1152; Adar v. Smith, 591 F.Supp.2d 857, 862 [E.D.La.2008] )
Application- For Full Faith and Credit purposes, a judicial order of filiation should produce the same result as an adoption. The Tenth Circuit noted, with regard to adoptions, despite the fact that courts may use different words, such as “decree” or “order”, to refer to their final decisions, it is clear that all decisions are judgments under the common law definition “and, with respect to final judgments entered in a sister state, it is clear there is no public policy' exception to the Full Faith and Credit Clause ( Finstuen, at 1153, n. 12). At present all states have enacted provisions, like New York's FCA § 571(11), containing a full faith and credit provision; but extension of New York's paternity acknowledgment to genetic mothers would depend on construction of the statute by courts of this state. The Full Faith and Credit clause itself require recognition without a public policy exception since it does not apply to a state court's construction of