Adoption Laws in New York
From Buffalo, North Hempstead, Bronx, Albany, Islip, and all places in between.
Important Information About Placing Your Baby for Adoption in New York
If you are considering placing your baby for adoption, it’s important to understand how the process works and know your rights. This knowledge can help ease your worries. Here are key points to keep in mind:
Who Needs to Consent to Adoption in New York?
- Mother’s Consent: The mother must give consent for a child under 18.
- Father’s Consent: If the mother is married to the father, he must also consent. For an unmarried father:
- If the child is over six months, he must have had regular contact to consent.
- If the child is under six months, he must have taken steps to care for the child.
- Teen Consent: A child aged 14 or older must agree to their own adoption.
When is Consent Not Necessary?
Consent is not needed from a parent if they have:
- Given the child to an authorized agency.
- Not supported or contacted the child for six or more months.
- Signed a document denying they are the father.
Consent is also not needed if a parent cannot care for the child due to mental illness or if a guardianship is in place.
How is Consent Given?
- Court Consent: Consent can be given in court. This consent is usually permanent. A judge will explain what this means and ensure you understand your rights, including the option for legal help.
- Notary Consent: If consent is not signed in court, it must be done in front of a notary public. This type of consent becomes permanent after 45 days or 30 days if done through an agency.
Revoking Consent
- Court Consents: If consent is given in court, it cannot be revoked.
- Notary Consents: If consent is signed outside of court, there may be a time period during which you can change your mind. The social worker or legal adviser will explain this to you.
Rights of Birth Fathers
- Married Fathers: A married birth father can consent like a mother and may deny paternity.
- Unmarried Fathers: If he disagrees with the adoption and is not married, he must take steps in court to assert his rights for consent to be needed.
Remember
It’s essential to talk to an adoption professional who understands New York’s laws. They can provide support and answer any questions you may have about the adoption process.
