Adoption can be a wonderful way to start or expand your family. There are many ways to adopt, including through stepparent adoption, relative/kinship adoption, or private adoption with an attorney’s help.
However you plan to adopt, you might be apprehensive about the process, especially if this is your first adoption. Understanding New York adoption requirements and how to prepare for an adoption can make the process easier and allow you to focus on the joy of welcoming a child into your family. A family law attorney who practices adoption law can be an invaluable resource.
Most adults over the age of 18 are allowed to adopt a child in New York State. You do not have to be married, or even partnered. Unmarried intimate partners, whether straight or LGBTQ+, can adopt together. It is also possible to adopt if you are married, but separated from your spouse.
You do not necessarily need to be a U.S. citizen to adopt, but it may be necessary to at least be a lawful permanent resident (green card holder). That is because one of the considerations in adoption is whether the adoptive parent(s) can provide a stable home for the child. Without at least permanent residency, that may not be possible.
You can even adopt in New York if you live outside the state. However, you must comply with all legal requirements, including the Interstate Compact on the Placement of Children (ICPC). The ICPC is a law that ensures that children adopted outside of their home state receive the same legal protections that they would in their home state.
You can adopt even if you have an illness or disability, so long as your health condition does not prevent you from providing a stable home environment for a child.
The common thread in all of the requirements is the ability to give a child a safe, stable home. While most adults will meet New York adoption requirements, there are some disqualifying factors that will prevent some people from adopting.
Because only adults can legally adopt, anyone under the age of eighteen cannot adopt a child in New York. Other factors that can disqualify a prospective adoptive parent include a documented history of child abuse or neglect.
If you have been convicted of felony child abuse, neglect, or domestic violence, you are permanently barred from adopting in New York State. Similarly, if you are listed in the Statewide Central Register of Child Abuse and Maltreatment due to a substantiated case of child abuse or neglect, you are likely to be disqualified from adopting, whether or not you have a criminal conviction.
Having had previous involvement with Child Protective Services (CPS) is not an automatic disqualification from adopting in New York, but it could affect your efforts to adopt. You should be prepared to honestly explain any CPS involvement and participate in providing any necessary information or documentation. Be aware that multiple reports of abuse or neglect that led to CPS involvement could be very difficult to overcome.
There are a variety of criminal convictions, besides those for child abuse, neglect, or domestic violence, that will scuttle your attempts to adopt in New York. A conviction for a violent crime such as rape, sexual assault, or homicide, or a crime against a child (such as child pornography) will result in a denial of an application to adopt. So will a felony conviction for physical assault or battery or drug-related offenses within the previous five years. Other convictions may not require denial of an adoption, but will certainly be taken into account when considering the suitability of a prospective adoptive parent.
An applicant whose physical or mental health, financial circumstances, or immigration status suggests they cannot provide a stable home environment for a child will likely be unable to adopt. Providing false information on an application to adopt or in supporting documentation will also result in a denial of adoption.
Assuming that there is no reason to disqualify you or anyone in your household, you should be able to move forward with the adoption process. There are different adoption requirements depending on what type of adoption you are pursuing.
To adopt your stepchild, you must be the spouse of the child’s legal parent, and your spouse must consent to the adoption. The other biological parent must consent as well, unless their parental rights have been voluntarily or involuntarily terminated. If your stepchild is fourteen or older, they must also consent in writing to the adoption. A home study is not typically required in a stepparent adoption, but a criminal background check for the stepparent may still be required before the court approves the adoption.
You may want to adopt a child who is related to you by birth, marriage, or adoption, if their birth parents are unable or unwilling to raise them. The birth parents must voluntarily consent to the adoption, unless the court has terminated their rights due to abuse, neglect, abandonment, or unfitness. As with stepparent adoptions, the child also has to consent to the adoption if they are fourteen or older.
A home study is typically required for kinship adoptions, and includes criminal and child abuse background checks, inspection of the home, and interviews with household members. The home study may be waived for close relatives, but background checks will still be required.
In a private, or independent adoption, an attorney or attorneys ensure the adoption complies with the law. As with some other types of adoption in New York, including agency adoptions and adoptions from foster care, there is a mandatory home study and criminal background checks.
Private adoptions often involve newborn infants; the birth parents must voluntarily consent to the adoption in writing, and cannot do so sooner than three days after the birth. They may revoke this consent up until the court approves the adoption.
In other cases, in which the birth parents are unknown or have been deemed unfit, the court terminates their parental rights and written consent of birth parents is not required. A minimum three-month supervised placement period is required in private adoptions, after which the adoption can be finalized.
Whatever type of adoption you are considering, the advice of an experienced adoption attorney can help the process go more smoothly and with much less stress for you. Duke Law Firm, P.C. helps parents and families with stepparent adoption, relative adoption, private adoption, and adult adoption.
To learn more about New York adoption requirements or to discuss how we can help you, please call us at 585-229-6875 (Lakeville) or 585-449-4987 (Rochester), or contact us online to schedule a consultation.
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