Adopting a Child in New York

An adult unmarried person, an adult married couple together, or two unmarried adult intimate partners together may adopt; a married person living apart under a separation decree or agreement, or for at least three years, may adopt alone. Consent is required from the child if over 14 (unless the court dispenses with it), the parents of a child born in marriage, the mother of a child born outside marriage, a father who meets the statute's conditions, and any person or agency with lawful custody. Consent is not required from a parent who, though able, failed for six months to visit and communicate with the child, or who surrendered the child or had a guardian appointed under the Social Services Law, among other exceptions. In a private-placement adoption, the court orders an investigation, and for a child under 18 no adoption order is made until three months after the petition is received (the court may shorten this for good cause).

A spouse may adopt the other spouse's child, whether born in or out of marriage. The other birth parent's consent is required unless an exception applies, such as failing for six months to visit and communicate with the child although able to do so. The three-month waiting period after the petition does not apply when the adoptive parent's spouse is the child's birth parent and the child has lived with both of them for more than three months.