November is National Adoption Month, a time to celebrate the families built through adoption and the thousands of children in New York still waiting for a permanent home. For many families, deciding to adopt is the easy part. Knowing what comes next can feel less clear. Every adoption is different, but the legal process in New York follows a set path, and understanding it ahead of time can make the journey much smoother.
Once you have decided to proceed with adoption, you must initiate the legal process to formalize it. This begins by filing a Petition for Adoption with the court in the county where you reside. The petition is comprehensive and requires the submission of multiple supporting documents.
In cases involving the adoption of a minor, prospective adoptive parents must provide a detailed residential history covering approximately the past 28 years. This information is used by the court to determine whether the adoptive parent is listed on the Statewide Central Register of Child Abuse and Maltreatment.
Additionally, judicial consent from the child’s biological parents is typically required to proceed with the adoption. If the biological parents’ whereabouts are unknown, you may be required to publish a notice in a newspaper located in the area of their last known residence. In such instances, you must also file a Motion for Substitute Service with the court, outlining the efforts made to locate and notify the parents of the adoption proceedings.
If one of the petitioning adoptive parents is also the child’s biological parent, that individual must provide formal consent for the other petitioning parent to adopt the child.
After the Petition for Adoption has been filed, the court will provide instructions for completing fingerprinting and background checks. In addition, a caseworker from the Department of Social Services will contact you to conduct a home study. These requirements apply to all prospective adoptive parents, regardless of any biological relationship to the child.
After all required documents have been submitted, the court will review the petition and schedule a hearing. At this hearing, the judge may ask questions regarding your commitment to the child as well as your financial stability. All parties involved in the adoption, including the child, are generally required to be present.
If the court is satisfied, the judge will finalize the adoption by signing the Order of Adoption. Following this, the original supporting documents are forwarded to the appropriate state office in Albany so that a new birth certificate for the adopted child can be issued.
You should be focused on welcoming a new member of your family, not on court filings and deadlines. Remove the stress from what should be a joyful time by contacting Tiveron Law, where we can manage the legal process and handle all necessary paperwork on your behalf. Call our office today to talk with our Family Law team about your next steps.