There may be many reasons why a child cannot return to their birth parents — it could be due to death, incapacity, substance abuse, or the parents’ inability to care for the child. Kinship adoption is a way to provide a child with a stable and loving home while maintaining family bonds and preserving cultural identity. When a child is adopted by a member of their family, it can reduce the trauma a child may experience with placement and lead to a better emotional outcome overall.

What is a Kinship Adoption?

Kinship care refers to a situation where a grandparent, aunt, uncle, cousin, or other relative cares for a child because they cannot remain in the home with their parents. Typically, this is because of concerns about the child’s welfare and safety. With kinship adoption, the biological parents’ rights are terminated and the relative becomes the child’s legal guardian. This gives the relative the authority to make decisions about the child’s education, healthcare, and all other aspects of their upbringing.

What are the Steps in the Kinship Adoption Process?

The same legal procedures are followed in kinship adoption as in a traditional adoption. In emergency situations, a child may be placed with relatives before the formal adoption process can be finalized. However, the full adoption process must still be completed.

The steps involved in the adoption process include the following:

• Consent from the birth parents — If the child’s birth parents are still recognized as the legal parents, they must consent to the adoption and waive their parental rights.
• Filing the adoption petition — An adoption petition must be filed with the family court that includes information about the child and the adoptive relative, the reason for the adoption, and the ability of the adoptive relatives to care for the child.
• The home study — A home study is conducted in which the adoptive relative’s home is thoroughly assessed for safety and cleanliness. As part of this process, background checks are also conducted to ensure there is no criminal history that would put the child in danger.
• Court hearings — A kinship adoption hearing involves a judge evaluating the situation to determine if it is the best plan for the child.
• Court approval — Once the judge renders a decision and approves the adoption, an order will be entered that identifies the child’s adoptive parents and outlines the termination of the birth parents’ parental rights.

As with a traditional adoption, after the legal adoption process has been finalized, the adoptive parents can apply for a new birth certificate and Social Security card for the child.

Are There Alternatives to Kinship Adoption?

There are many options available to families to provide care for children who are in need of homes. Importantly, several different types of kinship care arrangements are recognized in New York, based on the needs of the family and the best interests of the child. These include foster care, guardianship, and informal kinship care.

Foster Care with a Relative

With foster care, the child’s relative shares some of their parenting rights with social services. The birth parents’ rights may or may not be voluntarily relinquished or involuntarily terminated. If their rights have not been surrendered, the parents may be involved with some of the decision-making for the child – otherwise, social services must consent to all medical care, education, and other major decisions. Foster parents receive financial assistance to help pay for the costs of raising the child.

Kinship Guardianship

A guardianship provides a relative with enhanced legal authority until the arrangement ends, with many of the same rights as biological parents. However, the rights of the birth parents are not terminated in a guardianship. The child’s biological parents retain the right to visit with the child, as well as consent to the adoption. They also have a responsibility to pay child support. Kinship guardians who qualify may be eligible for financial assistance, similar to the support they would receive as a foster parent.

Kinship Care

Unlike kinship adoption, which is legally recognized and gives the adoptive relative permanent parental rights, kinship care can be an informal arrangement. Kinship caregiving also places the child with a relative, but it is usually a temporary placement to ensure the child has a stable environment with the objective of reunification. In these cases, the biological parents’ rights are not terminated and the relative does not have any legal authority to make decisions for the child without approval.

Contact an Experienced New York Adoption Attorney

Kinship adoption can be rewarding — but it may also be legally complex. It’s best to have a compassionate and knowledgeable attorney by your side who can ensure the process goes smoothly. At Duke Law Firm, P.C., we are committed to helping families with adoption matters and providing personalized time and attention in every case.

To learn more about New York kinship adoption requirements or to discuss how we can help you, please call us at 585-229-6875 (Lakeville) or 585-346-3220 (Rochester), or contact us online to schedule a consultation.