New York Adoption: Overview of the Law
By FindLaw Staff | Legally reviewed by Nicole Prebeck, Esq. | Last reviewed December 15, 2022
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Adoption can be a complex process with multiple legal hurdles. Regulations and laws regarding adoption, including who may adopt and special requirements for adoptive parents, are fairly uniform among states. State laws define who can adopt, who can be adopted, and how one can adopt.
This is a brief summary of New York adoption laws.
New York Adoption Laws
Below are some highlights of New York adoption laws.
|Code Section||Dom. Rel. §109-117|
|Who May Be Adopted||Any person|
|Age that Child's Consent Needed||14 years and older.|
|Who May Adopt||An adult unmarried person or adult spouses together unless legally separated pursuant to a decree or for at least 3 yrs. prior to filing. Adult or minor spouses, together or separately, may adopt a child either born in or out of wedlock.|
|Home Residency Required Prior to Finalization of Adoption?||3 months; may be waived by the judge|
|State Agency/Court||Office of Children and Families/Family|
|Statute of Limitations to Challenge||Not specified.|
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
New York Codes and Court Of Appeals Decisions
- Consent to Adoption: What Biological Parents Need to Know
- Birth Parent Rights
- FindLaw's Adoption Laws Section
Get Legal Help With an Adoption
Adoption is a complicated process. There are many state and federal laws that govern adoption. An attorney will help you navigate these laws. They will help review your case, provide helpful legal advice, and advocate for you and your future child.
If you would like legal assistance with an adoption case, you can find an experienced New York adoption attorney in your area to schedule a consultation.
You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help
Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.
Next Steps: Search for a Local Attorney
Contact a qualified attorney.