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P. Simmons
P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 33911
Experience:  16 yrs. of experience including family law.
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can a gay couple marry even though one adopted the other years

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can a gay couple marry even though one adopted the other years ago?
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

That depends on the state...the laws will vary from state to state. Your question mentions FL, but FL does not currently allow marriage between same sex couples.

Did you have a different state in mind for the marriage? And was the adoption in FL?
Customer: replied 3 years ago.

I was adopted in fl. We live in n.y. in the summer and would get married here.

Thank you

Here is the law in NY

N.Y. DOM. LAW § 5 : NY Code - Section 5: Incestuous and void marriages

A marriage is incestuous and void
whether the relatives are legitimate or illegitimate between either:
1. An ancestor and a descendant;
2. A brother and sister of either the whole or the half blood;
3. An uncle and niece or an aunt and nephew.
If a marriage prohibited by the foregoing provisions of this section
be solemnized it shall be void, and the parties thereto shall each be
fined not less than fifty nor more than one hundred dollars and may, in
the discretion of the court in addition to said fine, be imprisoned for
a term not exceeding six months. Any person who shall knowingly and
wilfully solemnize such marriage, or procure or aid in the solemnization
of the same, shall be deemed guilty of a misdemeanor and shall be fined
or imprisoned in like manner.

So a biological parent can not marry their child. That would violate this law.

But what you describe is not affected by this law.

What you describe, you are not "An ancestor and a descendant"

So you can marry in NY and the marriage would be valid.


Please let me know if you have more questions...happy to assist if I can
Customer: replied 3 years ago.

This sounds too good to be true. Our attorney in fl. told us I would have to be unadopted in order to get married. If you are correct on this that would be incredible.

If you look at the law in NY, it only voids marriage for

1. An ancestor and a descendant;
2. A brother and sister of either the whole or the half blood;
3. An uncle and niece or an aunt and nephew.

That is it.

Now...getting unadopted is not a bad idea...every state has their own laws no what constitutes a valid marriage..so it could be another state has a different definition that includes adoption. But not NY

P. Simmons and 2 other Family Law Specialists are ready to help you
Customer: replied 3 years ago.

Thank you very much for the information. I feel much better about this now.

yes sir

Best of luck

Phil