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New York Stepparent Adoption Laws: Both parents (your spouse and the other biological or legal parent) must consent to the adoption, unless a court determines that their consent is not legally required.
It may take six months or more from the time you apply before a child is placed in your home; it will take at least three to twelve months after that before the adoption may be finalized in court. The basic tasks in the adoption process in New York State are: Choosing an adoption agency. Submitting an application.
Adoption records are sealed at the time of the adoption and are not public. You need a court order to open them. To get a court order, contact the Adoptions Clerk at the Surrogate Court or Family Court in the borough where you think the adoption took place.
Generally, New York law does not give stepparents custody rights. Stepparents must make a strong argument to continue to see the kids. They must convince the court that remaining in the child's life is in the child's best interests.
What should be included? Information as to how they know you, including how long they may have known you. Any information about your character. Describe your strengths. Do they recommend that you adopt. Attributes you may have that would be fitting for adopting/parenting a child. Information about your marriage/relationship.
Submit an application and medical history information, complete a national and state criminal background check, and complete a check by the New York Statewide Central Register of Child Abuse and Maltreatment. Complete the home study process. Attend agency-sponsored training.
The consent of the other biological or legal parent (the parent relinquishing their parental rights) must be provided, or. the court must find that the consent of the other biological or legal parent is not required because that person does not have a legally recognized relationship with the child.
The court may allow a stepparent adoption to go forward without getting the other parent's written consent if: The other parent has died. The other parent signs a waiver saying they do not want to be involved with the adoption. The other parent signs a form saying they are not the child's biological parent.