This is, without any question, the most wonderful action in which to be involved. We thank you for considering us for such a happy event, and for considering adoption.
You do not have to be married to successfully adopt in New York. Adoptions can be private, or through an agency.
When a child comes into this state from another state or country for the purpose of adoption, different laws and procedures apply,. When an adoption is through an agency, the agency handles the portion of the process where the birth mother and father give up their rights to the child. Privately, it is necessary for the adoptive parents to do that, whether it involves the birth mother as the adoptive mother, or whether the birth mother is giving up her rights.
The process of the adoption itself involves, among other things consent for adoption from both birth parents, gathering of the medical history of the child; a study by the Probation, or like, Department which, in part, researches the criminal history of the adoptive parents. As adoptive parents you will be fingerprinted as well and a home study will be completed; there is the gathering of history of both the birth and adoptive parents as well as residence addresses of the parents for many years prior to the proposed adoption, and various affidavits, some of which set forth any financial aspects of the transfer of the child and financial situation of the adoptive parents. Upon completion of all the paperwork, it is submitted to the Court and an appearance scheduled.
Having a criminal record does not necessarily preclude adoption, but if there is any history concerning negative treatment of children, that will carry a great deal of weight with the Court against allowing adoption. On certain occasions, one parent may be absent to such an extent that a consent cannot be obtained, or they are unwilling to execute a consent. The Court may find that, for the purposes of adoption, they have abandoned the child or children. Determining that may require a separate hearing.
The legislature and Courts have gone to a great lengths to protect children in adoptions, to make certain the children will be safe and well cared for in their new adoptive homes and to make certain adoptions are not later challenged.
There are such things as open adoptions as well. This would be where one or both of the birth parents have some rights of contact with the child or the adoptive parents would obligate themselves to, perhaps, merely send pictures on a designated basis if this is determined to be in the best interests of the child. These adoptions are more common than they used to be, so it is worthy to note that there are occasions where this type of scenario may allow an adoption to go forward where it may not otherwise.
Step-parent adoptions are a fairly common occurrence. One aspect of these adoptions that people find peculiar is that the birth mother becomes the adoptive mother. These adoptions are fairly straight forward if the birth parent who is not the adoptive parent consents to the adoption. If they do not consent or cannot be found, the process becomes a bit more complicated.
From case to case, adoptions can be so different that it is difficult to give an overview, but we hope this has provided some useful for informational purposes only.
If we may be of service to you in an adoption matter, please contact Diana through the form below, or direct email at firstname.lastname@example.org or 315-565-2760 for call or text. Also check our fixed fee page for certain adoption legal fees. Diana offers a free initial consultation on matters of adoption.