Adoption | Paul J. Tortora, Jr., Esq.

Adoptions in New York State

Building a family through adoption can be one of life's most rewarding journeys. As an experienced Syracuse adoption attorney serving clients across Central New York, I help guide prospective parents through the complexities of the adoption process, ensuring compliance with state laws while prioritizing the best interests of the child. Whether you're considering domestic, agency, private-placement, or stepparent adoption, our team provides compassionate, personalized legal support every step of the way. Contact us today to schedule a free confidential consultation to discuss your case.

Types of Adoptions

New York offers several pathways to adoption, each with unique procedures and requirements:

Agency Adoption: Involves working with a New York State-licensed adoption agency. These agencies handle placements, often for children in foster care or those surrendered by birth parents. Public agencies focus on children with special needs, while private agencies may facilitate newborn or infant adoptions.
Private-Placement (Independent) Adoption: Direct arrangements between birth parents and adoptive parents, without an agency intermediary. This includes adult adoptions, co-parent adoptions, and stepparent adoptions. Prospective parents must be certified by the court as qualified before taking custody.
Stepparent or Co-Parent Adoption: Common in blended families or same-sex partnerships. Allows a spouse or unmarried partner to adopt their partner's child, provided the other biological parent's rights are addressed through consent or termination.
Foster Care Adoption: Adopting a child from the state's foster system, typically after serving as a foster parent. This often involves children whose parental rights have been terminated.
International Adoption: For children born abroad. New York residents must comply with federal immigration laws, and the process involves additional approvals from New York's Interstate Compact Office if bringing the child into the state.
Adult Adoptions: Permitted in New York when one adult wishes to formally establish a legal parent-child relationship with another adult.

New York recognizes diverse family structures, allowing single individuals, married couples, legally separated spouses, and unmarried intimate partners (including same-sex couples) to adopt.

Who Can Adopt?

Eligibility in New York is inclusive and focuses on the ability to provide a stable, loving home:

You must be an adult (18 or older).
Marital status is flexible: singles, married couples, or unmarried partners can apply.
No requirement to own a home, have a high income, or prior parenting experience.
For foster-to-adopt, prospective parents are often dually certified as foster families.
Foster parents who have cared for a child for 12+ months receive preference in agency adoptions.

The court evaluates applicants based on the child's best interests, including background checks and home studies.

The Adoption Process

The process typically begins with an application and can take 6 months or more from start to child placement, followed by 3-12 months to finalization. Here's a step-by-step overview:

Choose an Agency or Path: Decide between agency or private adoption. Contact one of New York's 130+ adoption agencies (public or private) or consult an attorney for private placements.
Home Study and Certification: A licensed social worker conducts a home study, assessing your home environment, finances, health, and background (including criminal and child abuse checks). For private adoptions, obtain court certification as qualified adoptive parents.
Matching and Placement: Agencies match families with children; in private adoptions, birth parents select adoptive parents. Once matched, file a petition in Family Court or Surrogate's Court within five days of taking custody.
Consent and Termination of Rights: Birth parents must provide consent, which becomes irrevocable after 45 days (if signed out-of-court) or immediately (if in-court). Consent is required from the child if over 14. Parental rights may be terminated if a parent has abandoned the child. For more see our blog post titled Termination of Parental Rights in New York State
Finalization Hearing: After a supervisory period (at least three months), the court reviews the case and issues an Order of Adoption, sealing original records and issuing a new birth certificate.

For out-of-state or international adoptions, additional approvals are needed to ensure compliance with New York laws.

For more information please see our blog post titled The Adoption Process in New York State

Legal Requirements and Consents

Adoption in New York emphasizes protecting all parties' rights:

Consent: Required from birth parents, guardians, and children over 14. Biological fathers of out-of-wedlock children have rights if they've maintained involvement.
Revocation: Birth parents can revoke consent before it becomes irrevocable, leading to a best-interests hearing.
Post-Adoption Contact Agreements: Enforceable agreements allowing ongoing contact between birth and adoptive families.
Surrogacy: Surrogate parenting contracts are void, but reasonable expenses (medical, legal) can be covered.
Access to Records: Since 2020, adoptees 18+ can access pre-adoption birth certificates. The New York State Adoption Information Registry helps connect adoptees with birth families.

Open vs Closed Adoptions

A closed adoption is the traditional model where there is no contact or exchange of identifying information between birth parents and adoptive parents. In this arrangement, records are sealed, and the adopted child typically has no contact with their birth family during childhood. The adoption agency or attorney serves as an intermediary, and any medical or background information is shared without revealing identities.

An open adoption involves some degree of contact and information sharing between birth parents and adoptive families. The level of openness can vary considerably based on what all parties agree to and feel comfortable with. Open adoptions might include:

Exchange of letters, photos, and emails through an intermediary
Direct communication via phone, text, or email
In-person visits at agreed-upon intervals
Social media connections
Ongoing relationships that evolve as the child grows

For more information, please see our blog post titled Open vs. Closed Adoptions in New York State: Understanding Your Options

Step-Parent Adoptions

Step-parent adoption is a legal process that allows the spouse of a child's biological or adoptive parent to become the child's legal parent. Once finalized, the adoption gives the step-parent the same legal rights and responsibilities as a biological parent, including custody rights, decision-making authority, and the obligation to provide financial support. The adoption also terminates the parental rights of the other biological parent (if they still exist), meaning that parent will no longer have custody rights, visitation rights, or child support obligations.

Benefits of Step-Parent Adoption

Many families pursue step-parent adoption for both practical and emotional reasons. The benefits include:

Legal recognition of your relationship. Adoption formalizes the parent-child bond you've already developed, giving you legal standing to make important decisions about your child's education, healthcare, and welfare.
Inheritance rights. The adopted child gains automatic inheritance rights from the adoptive step-parent and their extended family.
Stability and security. Adoption provides emotional security for children by legally confirming the permanence of their family structure.
Parental rights in case of divorce or death. If your marriage ends or your spouse passes away, you maintain full parental rights and custody as the child's legal parent.
Name change options. The child can take the adoptive parent's surname if desired.

Eligibility Requirements for Step-Parent Adoption in New York

To pursue step-parent adoption in New York, you must meet several key requirements:

You must be legally married to the child's parent. New York law requires that you be married to the child's biological or adoptive parent. Unmarried partners, including those in domestic partnerships, cannot pursue step-parent adoption.
The child must be under 18 years old. While adult adoption is possible in New York, the step-parent adoption process applies specifically to minor children.
Residency requirements. Either you, your spouse, or the child must have resided in New York State for at least six months before filing the adoption petition.

Consent Requirements: The Key to Step-Parent Adoption

The most critical aspect of step-parent adoption is obtaining proper consent. New York law requires consent from specific individuals depending on the circumstances.

Consent of the child's other biological parent. If the other biological parent's rights have not been terminated, they must consent to the adoption. This is often the most significant hurdle in step-parent adoptions, as it requires that parent to voluntarily give up all legal rights to the child.
Consent of the child. If the child is 14 years or older, they must provide written consent to the adoption.
Consent of authorized agencies. If the child has been placed with your family by an authorized adoption agency, that agency must also consent.

When Consent Isn't Required: Dispensing with Parental Consent

In certain situations, New York law allows the court to dispense with the consent of the non-custodial biological parent. These circumstances include when that parent has:

Abandoned the child for at least six months prior to the adoption petition
Failed to provide support for the child despite having the ability to do so
Been found unfit as a parent by clear and convincing evidence
Had their parental rights previously terminated by court order
Failed to maintain contact with the child or show interest in their welfare

Proving abandonment or unfitness requires substantial evidence and typically involves a contested court hearing. An experienced family law attorney can help you understand whether your case meets these criteria and guide you through this more complex process.

Adult Adoptions

Adult adoption is a legal process that creates a parent-child relationship between two adults through a court order. Once finalized, the adopted adult gains all the legal rights of a biological child, including inheritance rights, and the relationship is recognized in the same way as any parent-child relationship under New York law.

Common Reasons for Adult Adoption

Families pursue adult adoption for various meaningful reasons:

Formalizing long-standing relationships. Perhaps the most common scenario involves stepparents who raised a child from a young age but never formalized the relationship legally. Once that child reaches adulthood, adoption can recognize the emotional reality that has existed for years.
Estate planning and inheritance. Adult adoption creates automatic inheritance rights under New York law. An adopted adult child can inherit from their adoptive parent just as a biological child would, even without a will. This makes adoption a useful estate planning tool for families who want to ensure their loved ones are protected.
Immigration benefits. In some cases, families use adult adoption to help establish family ties that may assist with immigration processes, though this requires careful legal analysis as immigration law has specific requirements.
Continuing health insurance coverage. Some employer-sponsored health insurance plans extend coverage to dependent children up to age 26. Adoption can help establish this relationship for insurance purposes, though plan-specific rules must be reviewed.
Formalizing same-sex partner parent relationships. Before marriage equality became law in New York, some same-sex couples used adult adoption to create a legal family bond. While marriage is now available, some couples who adopted their partners during that period have maintained those adoptions.
Providing care and legal decision-making authority. Adult adoption can facilitate caregiving relationships and provide legal authority for medical and financial decisions.

The Legal Process in New York

Adult adoption in New York is governed by Section 110 of the Domestic Relations Law. The process is generally more straightforward than child adoption, with several key differences:

Consent requirements. The adult being adopted must consent to the adoption. If the adoptive parent is married, their spouse must also consent unless they are legally separated. Unlike with minor children, the biological parents of the adult being adopted do not need to consent or be notified.
No home study required. Adult adoptions typically do not require the home study, background checks, or investigation that accompanies child adoptions.
Court petition and hearing. The process begins with filing a petition for adoption in the appropriate New York court, typically the Family Court or Surrogate's Court in the county where either party resides. The petition includes basic information about both parties and the reasons for the adoption. A hearing is then scheduled where a judge reviews the petition and may ask questions to ensure the adoption is appropriate and not being pursued for fraudulent purposes.
Age difference requirement. New York law does not specify a minimum age difference between the adopting parent and the adult being adopted, though courts may scrutinize cases where the parties are very close in age to ensure the adoption is genuine and not being used to circumvent other laws.
Name change. The adopted adult may choose to take the adoptive parent's surname, though this is optional.

What is Guardianship of a Minor?

Guardianship of a minor is a court-appointed arrangement where an adult (the guardian) is given the legal authority to make decisions on behalf of a child under 18 (or up to 21 in some cases). This includes decisions about the child's education, healthcare, living arrangements, and finances. Essentially, the guardian steps into a parental role, with powers similar to those of a biological parent.

Unlike adoption, which permanently severs parental rights, guardianship is often temporary or conditional and doesn't necessarily end the biological parents' legal relationship with the child. It's a flexible tool designed to prioritize the child's best interests.

For more information, please see our blog post titled Guardianship of Minor Children in New York State

Surrogacy

New York's approach to surrogacy changed dramatically in 2021 with the passage of the Child-Parent Security Act (CPSA). This legislation legalized compensated gestational surrogacy in the state, reversing a decades-old ban and providing comprehensive protections for all parties involved. Under the CPSA, gestational surrogacy arrangements are now legally enforceable in New York, provided they meet specific statutory requirements. The law distinguishes between gestational surrogacy, where the surrogate has no genetic connection to the child, and traditional surrogacy, where the surrogate's own eggs are used. Currently, only gestational surrogacy agreements are legally enforceable under New York law.

Essential Components of a Valid Surrogacy Agreement

For a surrogacy agreement to be legally valid in New York, it must satisfy several key requirements:

Party Eligibility: At least one intended parent must have a genetic connection to the child through sperm, egg, or embryo. The surrogate must be at least 21 years old and must have previously given birth to at least one child.
Legal Representation: Each party must have independent legal counsel. The surrogate's attorney fees are typically paid by the intended parents, but the representation must be completely separate to ensure everyone's interests are protected.
Medical and Mental Health Evaluations: The surrogate must undergo medical evaluations and mental health consultations before entering into the agreement. These assessments help ensure she is physically and emotionally prepared for the journey ahead.
Written Agreement: The surrogacy agreement must be in writing and executed before any medical procedures begin. This agreement should address compensation, medical decisions, parental rights, insurance coverage, and countless other details that may arise during pregnancy and delivery.

What Should Be Included in Your Surrogacy Agreement?

A comprehensive surrogacy agreement serves as the foundation for a successful surrogacy journey. While each agreement is tailored to the specific circumstances of the parties involved, certain provisions are standard:

The agreement should clearly outline all financial arrangements, including the surrogate's compensation, medical expenses, travel costs, maternity clothing allowances, and other related expenses. It should specify how and when payments will be made, and what happens in various scenarios such as miscarriage or multiple births.
Medical decision-making authority must be clearly established, including who will make choices about prenatal testing, delivery methods, and other healthcare decisions. The agreement should address the surrogate's lifestyle commitments during pregnancy, such as dietary restrictions, travel limitations, and activity modifications.
Perhaps most importantly, the agreement must address parental rights and responsibilities. This includes establishing that the intended parents will be the legal parents of the child from birth, outlining the process for obtaining a birth certificate, and clarifying that the surrogate has no parental rights or obligations to the child.

Establishing Parental Rights

One of the most significant advantages of New York's current surrogacy law is the ability to establish parental rights before birth. Intended parents can obtain a judgment of parentage during the pregnancy, typically after the first trimester. This pre-birth order ensures that the intended parents are recognized as the legal parents immediately upon the child's birth, with their names appearing directly on the birth certificate.

This process eliminates the uncertainty and delays that existed under previous legal frameworks and provides peace of mind to all parties involved. It also facilitates practical matters such as hospital access, medical decision-making, and the ability to take the baby home without legal complications.

Contact a Syracuse Adoption Attorney Today

Navigating adoption requires expertise in New York's specific laws and court procedures. We help guide clients through every step of the adoption process, ensuring compliance with New York’s strict procedural requirements and protecting the best interests of both the child and the adopting family. Contact us today for a free confidential consultation to discuss your options with an experienced Syracuse adoption attorney.

For more information, please our blog post titled Celebrating National Adoption Month: Understanding the Adoption Process in New York State

Disclaimer: The information provided on this website is for general informational purposes only and does not constitute legal advice. Viewing this site or contacting us through it does not create an attorney-client relationship. Past results do not guarantee similar outcomes.