What Are the Laws Regarding Adoption in the State of New York?

New York state laws do not place limitations on who is eligible for adoption. Adults are permitted to adopt other adults. Anyone over the age of 14 must consent to the adoption. Unmarried adults are permitted to adopt. In some circumstances, minors are allowed to adopt other minors, states FindLaw.

If an adopting parent is married, both parents must adopt the child unless the couple has been legally separated by court decree or otherwise separated for three years or more. New York state law does not restrict the ability of same-sex couples to adopt. Minors who are married may adopt, since a legal marriage generally emancipates a minor. State laws also permit single minors to adopt other single minors in some circumstances, such when one minor close to the age of adulthood adopts a younger sibling. Persons who wish to adopt in New York must be state residents for at least three months, according to FindLaw.

If parents wish to give a child up for adoption, New York state law allows birth parents to sign adoption surrenders at any time after birth, states Adoption Star. However, a man may make an irrevocable denial of paternity rights before the child is born. If an authorized New York state adoption agency handles the adoption, and the child has been transferred to the adoptive parents, the surrender is irrevocable 30 days after it is signed. Alternatively, a private adoption becomes irrevocable 45 days after signing if the child has been transferred to the adoptive parents.