Adoption is a rewarding way to grow your family — and there are thousands of children of all ages in New York who are waiting to be placed in a loving home. If you are considering adoption, it’s important to understand that the adoption process involves a number of stages. While adoption is open to adults 18 and older, there are also many different legal requirements that must be met.
The following are the basic steps when it comes to the adoption process in New York:
The adoption process can be lengthy and complex — it often takes six months or more to complete from the time you submit your application until a child is placed with you. After that, it can take up to 12 months until the adoption is legally finalized. Specifically, to begin the adoption process, it’s a good idea to consult with an experienced adoption attorney. They can best advise you regarding the steps to take based on the type of adoption you will be pursuing.
If you will be working with an adoption agency, it is crucial to be aware that there are many different agencies. Since it can be difficult to change the agency you are working with once you begin the adoption process, you should explore your options in advance. Be sure to have an attorney review the contract that you are presented with before you sign it.
Another type of adoption you may consider can include private placement adoption. These types of adoptions are not through social services or an authorized adoption agency. Rather, they are arranged between the birth parent and adoptive parents.
Once you have determined the type of adoption that is best for you and your family, you will need to gather the documentation that is legally required for the adoption process. Documentation needed for adoption can include the following:
In addition, if you are adopting through an agency, you will need to undergo a background check. This consists of a national and state criminal history check, as well as a check with the New York Statewide Central Register of Child Abuse and Maltreatment. You will also need to obtain clearance from the Justice Center for the Protection of People with Special Needs.
The home study is a series of interviews that are conducted by the agency to ensure the adoptive parent’s home meets the state’s standard for adoption — and they are prepared to welcome a child into it. These are usually completed within four months of submitting an adoption application. Pursuant to the agency adoption process, the agency or social services must evaluate the adoptive parent’s capacity to give and receive affection, as well as their ability to provide for a child’s physical and emotional needs. Other characteristics that will be assessed include the ability to respect the child’s past; the flexibility to change; the ability to cope with stress; and the ability to make a commitment to a child.
The home study may also look at additional factors, including the age and health of the prospective adoptive parents, their family structure, ability to budget, and experience caring for a child. In addition, the agency will investigate whether there is a history with child protective services, and any alcohol or drug abuse. Factors that may not be used to deny an application for adoption in New York include race, religion, marital status, income, education, employment, and fertility.
You may also be required to complete a training program that will help you understand the challenges you will face and learn practical skills. When the home study has been completed, the adoption process will continue with the adoptive family and the agency working together to identify the child who will be placed.
After the agency has found a child to place with you, your attorney can assist you with preparing and filing the necessary petition and other paperwork with the court. The petition provides information about the adoptive parents and the child to the court. It is filed in either the Family Court or Surrogate’s Court in the county in which the adoptive parents live. In some cases, a hearing may be required.
Notably, there are a variety of financing options for adoption in New York — these include loans, grants, and adoption subsidies that can assist you with the costs associated with the adoption process, including legal fees.
The adoption process in New York can be emotionally overwhelming and legally complicated. It’s essential to have a compassionate adoption attorney by your side who can guide you every step of the way. At Duke Law Firm, P.C., we offer adoptive parents the trusted representation they need — and are committed to providing personalized attention in each case. To learn how we can assist you with your adoption journey, contact us today to schedule a consultation.