Before starting to search for a child to adopt or an agency to assist you, it is important that you understand how the adoption
laws in New York may affect your decisions. Making informed decisions is the best way of increasing your chances of adopting a child. By way of example, we have listed below a few of the important
parts of New York child adoption law including such topics as the use of adoption facilitators, adoption expenses and the critical issue of ending the biological parental rights (called a Consent, Relinquishment
or Surrender).
Use of Facilitators in Adoptive Placements
Use of Intermediaries/Facilitators
Citation: Soc. Serv. Law § 374(2)
No person, agency, association, corporation, institution, society, or other organization except an authorized agency shall place any child. This section shall not restrict or limit the right of a parent,
legal guardian, or relative within the 2nd degree to place out a child.
State Regulation of Adoption Expenses
Birth Parent Expenses Allowed
Citation: Soc. Serv. § 374(6)
Reasonable and actual nursing, medical, and hospital costs
Reasonable and actual legal fees
Reasonable expenses for housing, maternity clothing, clothing for the child, and transportation
Birth Parent Expenses Not Allowed
Citation: Soc. Serv. § 374(6)
Payment of living expenses shall not extend for 60 days prior to the birth, and 30 days after the birth, unless the court determines that there are exceptional circumstances.
Allowable Payments for Arranging Adoption
Citation: Soc. Serv. § 374(6)
No person or entity, except for an authorized agency, shall receive payment for placing a child or assisting a parent in arranging a placement.
Allowable Payments for Relinquishing Child
Citation: Soc. Serv. § 374(6)
No person or entity, except for an authorized agency, shall request, accept, or receive compensation or anything of value in connection with the placing out or adoption of a child.
Accounting of Expenses Required by Court
Citation: Dom. Rel. § 115(8)
In a private placement adoption, the adoptive parent will present an affidavit describing all fees and other payments made or promised.
The attorney representing the adoptive parents must also present an affidavit describing all fees and compensation paid in relation to the adoption.
Consent to Adoption
Who Must Consent to an Adoption
Citation: Dom. Rel. Law §§ 111; 113
Consent to adoption shall be required from the following persons or entities:
The parents or surviving parent, whether adult or minor, of a child conceived or born in wedlock
The mother, whether adult or minor, of a child born out of wedlock
The father, whether adult or minor, of a child born out-of-wedlock and placed with the adoptive parents more than 6 months after birth, but only if such father shall have maintained substantial and continuous
or repeated contact with the child
The father, whether adult or minor, of a child born out-of-wedlock and placed with the adoptive parents less than 6 months after birth, but only if the father:
Openly lived with the child or the child's mother for a continuous period of 6 months immediately preceding the placement of the child for adoption
Openly held himself out to be the father of such child during such period
Paid a fair and reasonable sum, in accordance with his means, for the medical, hospital, and nursing expenses incurred in connection with the mother's pregnancy or with the birth of the child
Any person or authorized agency having lawful custody of the adoptive child
An authorized agency may consent to the adoption of a minor whose custody and guardianship has been transferred to such agency.
Age When Consent of Adoptee is Considered or Required
Citation: Dom. Rel. Law § 111
Consent to adoption shall be required of the adoptive child who is age 14 or older, unless the judge or surrogate in his discretion dispenses with such consent.
When Parental Consent is not Needed
Citation: Dom. Rel. Law § 111
Consent shall not be required of a parent or of any other person having custody of the child:
Who evinces an intent to forego his or her parental or custodial rights and obligations as manifested by his or her failure for a period of 6 months to visit the child and communicate with the child
or person having legal custody of the child, although able to do so
Who has surrendered the child to an authorized agency
For whose child a guardian has been appointed
Who, by reason of mental illness or mental retardation, is presently and for the foreseeable future unable to provide proper care for the child
Who has executed an instrument, that shall be irrevocable, denying the paternity of the child
Revocation of Consent
Citation: Dom. Rel. § 115-b
A judicial consent shall state that it is irrevocable upon such execution or acknowledgment.
In an extrajudicial consents, such consent shall become irrevocable 45 days after the execution of the consent unless written notice of revocation thereof is received by the court in which the adoption
proceeding is to be commenced within the 45 days. The notice of revocation shall be given effect only if the adoptive parents fail to oppose such revocation, or, if they oppose such revocation and the
court has determined that the best interests of the child will be served by giving force and effect to such revocation.
Nothing contained in this section shall bar actions or proceedings brought on the ground of fraud, duress, or coercion in the execution of an adoption consent.
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