Federal & State Lawfederalstatelaw.com
Back to Questions
familyNY

How does the adoption process work in New York?

Federal & State Law Editorial TeamLast reviewed: 2026-05-17

New York permits adoptions through Family Court or Surrogate's Court under Domestic Relations Law Article 7 (§§ 109-117).

1. Types of Adoption

  • Agency adoption (DRL § 109(1)(a)) — through an authorized agency.
  • Private-placement adoption (DRL § 115).
  • Step-parent adoption (DRL § 117(1)(d)) — does not sever non-custodial parent's relatives' rights automatically.
  • Adult adoption (DRL § 110).
  • Second-parent adoption (recognized statewide post-Matter of Jacob, 86 N.Y.2d 651).

    • 2. Petitioner Eligibility

    DRL § 110 permits any adult unmarried person, married couple, or two unmarried adult intimate partners to adopt. No statutory residency requirement, but jurisdiction must lie in NY.

    3. Consent Requirements

    Under DRL § 115-b, there are two consent forms in private placements:

  • Extrajudicial consent — signed before a notary; revocable within 45 days of execution.
  • Judicial consent — signed before a judge after counseling; irrevocable on execution.

    • Agency relinquishments under Soc. Serv. Law § 384 are generally irrevocable. Consent cannot be signed before birth.

    4. Home Study

    Required in all non-step-parent private and agency adoptions (DRL § 116). Conducted by an authorized agency or, in private placements, the court-designated investigator. Step-parent and adult adoptions do not require a home study.

    5. Termination of Parental Rights (TPR)

    Voluntary surrender (Soc. Serv. Law § 384) or involuntary on Soc. Serv. Law § 384-b grounds (abandonment, mental illness, permanent neglect, severe abuse). Interstate placements require ICPC approval (Soc. Serv. Law § 374-a). ICWA (25 U.S.C. § 1901) applies to children of federally recognized tribes.

    6. Finalization Hearing

    Filed in Surrogate's Court (DRL § 113) or Family Court. Most adoptions finalize within 3-6 months of petition filing. The court issues the Order of Adoption, and the Department of Health amends the birth certificate (DRL § 114).

    This is legal information, not legal advice.

    When to Talk to a Lawyer
    • Birth parent seeks to revoke extrajudicial consent within 45-day window
    • Putative-father notice issues under DRL § 111-a
    • Contested permanent-neglect TPR proceeding
    Related Statutes & Laws
    • N.Y. Dom. Rel. Law §§ 109-117
    • N.Y. Dom. Rel. Law § 115-b
    • N.Y. Soc. Serv. Law § 384-b
    • N.Y. Soc. Serv. Law § 374-a (ICPC)
    • 25 U.S.C. § 1901 (ICWA)

    This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.