Adoption

The law of adoption in New York is created by the legislature with adoption being available for several different situations.  Both the Surrogate’s Court and the Family Court can hear adoption cases.   

There are several types of adoption, as follows:

Step-Parent Adoption:  In step-parent adoptions the child is adopted by the child’s step parent, after consent of the biological parent, unless consent is not required.

Private Placement Adoption: In private placement adoptions the adopting parents enter into a private contact with the birth mother or parents and agree to the adoption.

Re-Adoption: In a re-adoption adoptions, the adoptive parents have already adopted the child outside of New York and seek to have the adoption papers issued from New York State.  In many instances the adoption took place overseas and the adoption papers are in a foreign language.

Authorized Agency Adoption: In authorized agency adoptions, the adoption is conducted through an adoption agency.

The following persons can adopt in New York State:

• A married couple
• An unmarried couple
• An unmarried adult
• 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
• A married adult legally separated by agreement or decree

There are strict rules about providing notice in New York State, as follows:

• The adoptive child, if over fourteen years of age
• The parents of a child born or conceived in wedlock
• The father of a child born out of wedlock
• The mother of a child born out of wedlock

The court requires the adoptive parents to be qualified and receive a certification as adoptive parents.  There are background checks, medical qualifications, financial qualifications, and other restrictions to be approved.  Once the adoptive parents are certified, the adoption can move forward.

If you are considering adoption you should immediately consult with an experienced divorce and family law attorney to determine your rights.

The divorce and family law lawyers at the Law Offices of Paul A. Boronow, P.C. are fully versed and experienced with adoptions, have adoptions pending across Long and are available to assist you in protecting your rights.

Contact us about your legal matter today!

Call us at (516) 227-5353 to arrange for a free consultation.