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New York Adoption Laws and Policies

 

As a New York resident who’s interested in adopting, you have many adoption options, and this is the perfect place to begin exploring them. Below, you’ll find adoption agencies and adoption lawyers offering services in your state. Scroll past the listings to see New York adoption laws and policies.

NEW YORK ADOPTION AGENCIES

NEW YORK ADOPTION ATTORNEYS
NEW YORK ADOPTION LAWS & POLICIES

Each state maintains its own adoption policies, so the process can vary considerably for families, from state to state. Learn all about the legal guidelines for families adopting in New York, whether you’re adopting a newborn through domestic, private adoption, an infant or older child from U.S. foster care adoption, or an infant, toddler, or older child through international adoption. Find answers to the most common questions about New York adoptions.

 

WHO CAN ADOPT?

A single adult, a married adult couple jointly, a married adult singly if legally separated from his/her spouse, or a minor adult or adult spouse if the child is of the other spouse.

 

DOMESTIC ADOPTION

Can adoptive parents advertise for birth parents? Not addressed in state statutes.

Can out-of-state residents finalize an adoption? Yes, but courts prefer to work with in-state adoptive parents, unless there are extenuating circumstances.

Can adopting parents use an adoption facilitator or another paid intermediary? Yes, but only an authorized agency or parent, legal guardian, or relative with the second degree of the child can place a child.

What birth parent expenses may be paid, and in what time period? Medical, legal, counseling, living (housing, maternity and baby clothes, transportation). From 60 days pre-birth to 30 days post-partum, unless court finds extraordinary circumstances to extend.

Is there a putative father registry? Yes.

When can consent to adoption be granted? Any time after birth. A man denying paternity may make an irrevocable denial before the birth of the child.

 When does consent become irrevocable? If consent is revoked, is return to birth parent automatic? Private adoption: 45 days after signing and transfer of child to adoptive parents; agency adoption: usually after 30 days. Revocation of the consent triggers a “best interests” hearing if the adoptive parents or agency choose to contest the revocation.

Are post-adoption contact agreements legally enforceable? Yes, but only if the agreement is incorporated into a written court order and enforcement is in the best interest of the child.

 

INTERNATIONAL ADOPTION

Is a foreign adoption decree automatically recognized by the state? Not addressed in state statutes.

Can parents readopt in this state? Is it mandatory? Yes, adopting parents can petition to their county court to readopt a child adopted abroad as long as they provide proof of adoption finalization. Whether or not it’s mandatory is not addressed in the state statutes.

When will a U.S. birth certificate be issued? The commissioner will issue a birth certificate to an adopted child 18 years or younger upon receipt of the adoption decree.

 

ADOPTION FROM FOSTER CARE

Are adoption subsidies available? When do they start and how long do they last? Yes, adoption subsidies are available for a special needs child as defined by one of the following: is handicapped (i.e. has a physical, mental, or emotional condition that makes the child hard-to-place as determined by the Office of Children and Family Services), is a member of a sibling group of 2 children (half-siblings included) being placed together if one sibling is 5 years or older, or if one sibling is a member of a hard-to-place minority group, or if one sibling is special needs, is necessarily joining an already adopted sibling (or half-sibling) if the child is 5 years or older, or if the child is a member of a hard-to-place minority group, or if either sibling is special needs, is a member of sibling group of 3 or more children (including half-siblings) being placed together, is 8 years or older and of a hard-to-place minority group, is 10 years or older, has attachment to adopting foster care parents with whom s/he has lived for 12 months prior to an adoption placement, or has not been placed within 6 months for adoption. In addition, the child must be 21 years or younger and in the custody of social services, an authorized agency, or authorized foster parent. Subsidies start in most cases at adoption finalization.

Where can I learn more about the process of adopting a child from foster care in New York? http://www.ocfs.state.ny.us/main/fostercare

 

NEW YORK ADOPTION UNIT
New York State Adoption Service
52 Washington Street, Room 323
Rensselaer, NY 12144
(518) 473-5754
carol.mccarthy@dfa.state.ny.us
http://www.ocfs.state.ny.us/adopt

 

DISCLAIMER: The state laws and policies outlined above are offered to readers only for general information and do not constitute legal advice. Furthermore, the state laws were accurate at the time of compilation, but Building Your Family cannot guarantee that there have been no subsequent changes or revisions to the laws. Please do not rely on the information above without first consulting an adoption attorney licensed in your state. Compiled in April 2011.

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