Adoption in New York is a creature of statute and is available in several different instances.  The Surrogate’s Court and the Family Court have equal jurisdiction over adoptions in New York State, however, generally only the Surrogate’s Court accepts applications for adoption.

There are several types of adoption, as follows:

Private Placement Adoption: In a private placement adoption the prospective adoptive parent or parents and the biological parent or parents enter into a contract and agree to the adoption and the court oversees and issues an order as to the adoption; and

Step-Parent Adoption:  In a step-parent adoption the spouse of the biological parent adopts the child (consent of the other biological parent may or may not be required).

Re-Adoption: In a re-adoption proceeding the adoptive parents who adopted outside of New York State (and in most instances outside of the United States) re-adopt the child in New York so the adoptive parents have a New York adoption certificate.  This is quite frequently utilized for overseas adoptions where the adoption papers are not in English.

Authorized Agency Adoption: In an authorized agency adoption the prospective adoptive parent or parents use an adoption agency.
The following persons can adopt in New York State:

• An unmarried adult;
• An unmarried couple;
• A married adult legally separated by agreement or decree;
• A married adult physically separated from his or her spouse for more than three years;
• An adult or minor step-parent adopting a step-child.

In most instances notice must be given and consent is required for an adoption.  The following is a list of persons whose consent is required:

• The adoptive child, if over fourteen years of age;
• The parents of a child born or conceived in wedlock;
• The mother of a child born out of wedlock; and
• The father of a child born out of wedlock (only in certain instances).

To proceed with the adoption the prospective adoptive parent or parents must be qualified by the court and receive certification.   A background check is conducted to ascertain whether the adoptive parents have any criminal record, their medical condition, their financial status and other relevant information.  Upon certification the adoption can proceed.

If you are contemplating adoption you should consult with experienced adoption and family law attorneys without delay so you can determine and protect your legal rights.

The lawyers at the Law Offices of Paul A. Boronow, P.C. have been bringing applications for adoptions, step-parent adoptions and re-adoptions across Long Island and New York City in Nassau, Suffolk and Queens Counties for over twelve years with positive results.  We are aggressive and dedicated and remain a mere phone call away.

CALL TODAY FOR A FREE CONSULTATION.