{"id":375206,"date":"2016-03-31T21:36:04","date_gmt":"2016-04-01T02:36:04","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/new-york-law\/new-york-adoption-laws.html"},"modified":"2024-11-05T16:39:55","modified_gmt":"2024-11-05T21:39:55","slug":"new-york-adoption-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/new-york-law\/new-york-adoption-laws.html","title":{"rendered":"New York Adoption Laws"},"content":{"rendered":"\n
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New York Adoption Laws<\/h1>\n
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\n By Olivia Wathne, J.D.<\/a> | Legally reviewed by FindLaw Staff<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Regulations and laws regarding adoption, including who may adopt and special requirements for adoptive parents, are somewhat uniform among states. New York adoption laws require the consent of children 14 and older.<\/p>\r\n

Given the complexity and significance of the adoption process, prospective adoptive families should consider consulting an attorney<\/a> for expert guidance and support throughout the process. Read on for a better understanding of New York adoption laws and what you need to know.<\/p>\r\n

Eligibility for Adoption in New York State<\/b><\/h2>\r\n

New York does not place limits on who may be adopted. This means that adults may adopt each other. Before same-sex marriage was legalized in New York, one option for same-sex couples was adoption. This gave them some legal rights afforded to other family members, such as inheritance rights.<\/p>\r\n

Those Able To Adopt in New York<\/b><\/h2>\r\n

Some states have requirements<\/u><\/a> for who may adopt. In New York, any adult may adopt. If the adoptive parent is married, both spouses must adopt the child. This doesn’t apply if the couple is separated by a court decree or has been separated for at least three years. New York does not have restrictions on the genders of the adopting parents. Same-sex adoption<\/u><\/a> is an option for singles and spouses.<\/p>\r\n

New York Adoption Residency Requirements<\/b><\/h2>\r\n

New York has a residency requirement of three months<\/a> before adoption is permitted. This means that would-be adopting parents must live in the state for three months before the adoption is finalized. This doesn’t prevent the soon-to-be parents from beginning the adoption process before they meet the three-month residency requirement.<\/p>\r\n

Types of Adoption in New York<\/b><\/h2>\r\n

There are several types of adoption available in the state of New York. Private placement adoptions<\/b> involve direct arrangements between prospective adoptive parents and birth parents. These are often facilitated by an adoption agency or an attorney.<\/p>\r\n

Agency adoptions<\/b> occur through licensed adoption agencies<\/a>. These manage the placement of children, including those from foster care<\/a> or in need of a new home through the New York State Office of Children and Family Services<\/a> (OCFS).<\/p>\r\n

International adoptions<\/b><\/a> involve adopting children from other countries and require navigating both U.S. and foreign regulations. Stepparent adoptions<\/b><\/a> occur when a stepparent seeks to adopt their spouse’s child.<\/p>\r\n

New York Adoption Laws: At a Glance<\/b><\/h2>\r\n

Below are some highlights of New York laws on adoption:<\/p>\r\n\r\n

New York Adoption Code Sections <\/b><\/p>\r\n<\/th>\r\n

New York Consolidated Laws<\/b><\/p>\r\n

Chapter – Domestic Relations<\/u><\/p>\r\n

Article 7 – Adoption<\/p>\r\n

Who May Be Adopted<\/b><\/p>\r\n<\/th>\r\n

Any person<\/p>\r\n<\/td>\r\n<\/tr>

Age at Which the Child’s Consent Is Required for Adoption<\/b><\/p>\r\n<\/th>\r\n

14 years and older<\/p>\r\n<\/td>\r\n<\/tr>

Who May Adopt<\/b><\/p>\r\n<\/th>\r\n

Adult unmarried persons or adult spouses together unless legally separated pursuant to a decree or for at least 3 years prior to filing. Adult or minor spouses, together or separately, may adopt a child either born in or out of wedlock.<\/p>\r\n<\/td>\r\n<\/tr>

New York Home Residency Requirement Prior To Finalization of Adoption<\/b><\/p>\r\n<\/th>\r\n

Three months; waivable by judge<\/p>\r\n<\/td>\r\n<\/tr>

State Agency\/Court<\/b><\/p>\r\n<\/th>\r\n

Office of Children and Family Services<\/a>\/Family court or surrogate\u2019s court<\/p>\r\n<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Note:<\/b> New York laws change through the passage of new legislation, higher court rulings that include federal decisions, ballot initiatives, and other means. <\/i>Consult an attorney<\/i><\/a> or conduct your own legal research to verify current New York state laws.<\/i><\/p>\r\n

New York\u2019s Adoption Process<\/b><\/h2>\r\n

The adoption process in New York can be time-consuming. Expect six months or more to place a child in your home. An additional three to twelve months will follow to finalize the adoption in family court.<\/p>\r\n

The process begins with choosing an authorized agency and submitting an adoption petition. Prospective adoptive parents must complete a home study<\/a>, which includes background checks and reviews of criminal history to ensure suitability. The home study assesses the ability of the adoptive family to meet the best interests of the child.<\/p>\r\n

Once matched with an adopted child, the process involves visiting the child and working with a caseworker to finalize details. After bringing the child home, families may need to undergo at least three months of supervision.<\/p>\r\n

The final step is obtaining a court order from family court to finalize the adoption and update the child\u2019s birth certificate. These are the final legal steps required.<\/p>\r\n

Additional Resources<\/b><\/h2>\r\n

If you have additional questions about New York’s adoption laws, click on the following links:<\/p>\r\n