Adoption: At a Glance
- Adoption is a legal process that creates a permanent parent-child relationship.
- Once a judge signs an Order of Adoption, the adoptive parent becomes the child’s legal parent, with the same rights and responsibilities as if the child were born to them.
- Adoption permanently ends the legal rights and responsibilities of the child’s birth parents, unless the law says otherwise.
- Most adoptions involve children under 18 years old.
Where Adoption Cases Are Decided
- In New York State, adoption cases are usually filed in the county where the adoptive parents live.
- Depending on the county, adoption cases are handled in Family Court or Surrogate’s Court.
- All adoptions must be approved by a judge to be final.
Types of Adoption
- There are two types of adoption in New York:
- Agency adoption (through an authorized adoption agency)
- Private placement adoption (arranged without an agency)
- The steps are slightly different depending on the type of adoption.
Who Can Adopt
- In New York, almost anyone age 18 or older may adopt, including:
- An unmarried person
- A married couple
- Two unmarried intimate partners
- A married person who is legally separated
- A married person who has lived apart from their spouse for at least 3 years
- Some people may not be eligible to adopt due to certain felony convictions.
Privacy and Legal Protections
- Adoption court records are sealed in New York.
- This means the public, birth parents, adoptive parents, and the adopted person cannot access the records without court approval.
- Children cannot be bought or sold.
- Any payment or agreement that looks like buying or selling a child is illegal and may be prosecuted.
Special Adoption Situations
- International adoptions may require a readoption or a registration of a foreign adoption order in New York.
- This allows adoptive parents to obtain a New York birth certificate.
- If a child is being adopted from another state, approval is required before the child enters New York under the Interstate Compact on the Placement of Children (ICPC).
Adoption Information Registry
- New York State has an Adoption Information Registry.
- It may help adopted individuals obtain medical or general background information about birth parents or siblings.
- Identifying information is only shared if permission is given.
For more information about Adoptions, please visit our CourtHelp page.