New York State Adoption Process

The second parent New York State adoption process: What you need, and need to know

Second parent adoption is when a same-sex parent adopts their partner’s biological child, regardless of whether or not their relationship is legally recognized. While everyone has equal marriage rights now, the laws for New York State adoption are still muddled, and it’s advisable for most same-sex couples to petition for a second parent adoption to build that legal relationship between non biological parent and child. Marriage is not necessary for second parent adoption. If the couple is married, they would then petition for a stepparent adoption, although the process is very similar.

 

New York State Adoption Process: What you need

In a nutshell, you need a lot of paperwork and a good family lawyer, preferably one that specializes in adoptions for same-sex couples. Here is a rundown of what you will need:

  • The completed intake from your attorney. This is a general questionnaire that includes information for both parents and the child.
  • The original birth certificate for the child. A copy will not suffice. You will, however, get a new original birth certificate after the adoption.
  • A letter from the employer of the petitioning parent, and in some counties the biological parent, stating their position and salary. If not currently employed, you will need your last year’s tax returns.
  • A letter from the doctor of both parents stating that they are in general good health.
  • A letter from the child’s pediatrician stating that he or she is in general good health.
  • A completed form 1-D (a more elaborate medical assessment) by the child’s pediatrician
  • In cases of a surrogacy, you will need copies of your carrier and donor agreement.
  • In cases of artificial insemination, in vitro fertilization and surrogacy, a letter verifying insemination.
  • If married, a copy of your marriage license.
  • Previous divorce decrees if either parent has been previously married.
  • If either parent has ever been arrested or convicted of a crime, the details and disposition records for any offense must be submitted.
  • A list of every residence the petitioning parent has lived at for the past 28 years, including months and years associated with every address.
  • Financial information, including the value of your home, any owned real estate, stocks and bonds, life insurance information and any sources of income other than employment.
  • The petitioning parent must be fingerprinted for a criminal background check
  • A home study, which is generally arranged for once your lawyer has been retained.

 

Keep in mind that this process may vary slightly from state to state and county to county, so it’s important to find an attorney familiar with the legal details in your specific location. While the New York State adoption process may seem harrowing, keep in mind that your adoption attorney is there to help you, advise you and even help keep you organized every step of the way.

Anthony M. Brown, head of Nontraditional Family and Estates division of Albert W. Chianese & Associations, has extensive experience in helping same-sex couples through the adoption process, having gone through the process himself. If you have yet to create a legal relationship with your child or children, call 212-953-6447 or email Anthony at Brown@awclawyer.com.

 

in Adoption / Recently Added / Second Parent Adoption  by Anthony Brown 0 comments

2nd parent adoption of a stepchild?

2nd parent adoption of a stepchild in same sex couples: is it the right choice?

2nd parent adoption is the process of adopting the biological or adopted child of one’s spouse. While laws vary to some degree state to state, now that same-sex couples can legally marry they go through a very similar process as heterosexual couples do when adopting a spouse’s child.

Why go through 2nd parent adoption?

There are many reasons people choose to go through the process of adopting a stepchild; those reason could vary from wanting to create a strong cohesion in the family unit, to wanting the child to be able to receive an inheritance or even wanting legal rights as a parent to help make decisions on the child’s education, health and welfare.

 

When is 2nd parent adoption is not the best option?

Adopting a stepchild is a lifelong commitment and should not, under any circumstance, be taken lightly. While adopting a stepchild can strengthen a family’s cohesiveness, it’s not going to strengthen a marriage on the fritz and should not be used as a tool to try and “save” a relationship. It’s important to make sure you’re completing the adoption for the right reasons. If the parental relationship is going through bumpy times, the adoption process can add further stress and it’s probably best to wait until the parental relationship is on solid ground before beginning the adoption process. This goes for any stressful situation; if the family at large is going through a particularly stressful time, it might be best to wait.

 

My stepchild’s other biological parent is still out there. Can I adopt?

If your stepchild’s biological parent still retains their legal rights as their parent (regardless of the extent to which they participate in the child’s life), you must get them to sign an “adoption surrender” or “consent to adoption” form in order for you to begin the 2nd parent adoption process. This will relinquish their parental rights to that child. If they refuse to sign an adoption surrender, you will likely have a much harder time adopting your stepchild. In that situation, a termination of parental rights action would need to be brought against the other biological parent. Furthermore, if the child is older than 12 years of age, they will also need to consent to the adoption.

 

What else can I do?

A great way to prepare for the adoption process is with counseling. 2nd parent adoption can, and often does, yield a shift in the family harmony. Often this change is positive, but not always. It’s incredibly helpful to discuss everybody’s feelings, the ramifications of adoption, biological parents, etc. as you’re going through the legal process.

Regardless of the situation, 2nd parent adoption can be overwhelming to navigate on your own. As the head of Nontraditional Family and Estates division of Albert W. Chianese & Associations, Anthony M. Brown provides experience and expertise in 2nd parent adoption and legal proceedings with same-sex couples and families. If you’re interested in adopting your stepchild and have any questions, call 212-953-6447 or feel free email any questions or concerns.  

in Adoption / Second Parent Adoption / Step Parent Adoption  by Anthony Brown 0 comments

Second Parent Adoptions Suggested & Needed

 Second Parent Adoptions Are Suggested & Needed

Second parent adoptions are essential in protecting the right on the non-biological parent in every case of same sex union, marriage or cohabitation and here’s why! One tenet of the debate surrounding same-sex marriage has focused on whether same-sex parents provide poorer conditions for raising children compared with different-sex parents. Political and public dialogue ensures that this notion remains pervasive and persuasive, even though the Supreme Court decision this summer ensured marriage equality in the U.S.

Second Parent Adoptions are Needed. . . And it isn’t just talk: Laws exist that implicitly reflect the rhetoric that somehow same-sex parents are different.

For example, even though same-sex couples make decisions together to have a child, and even if both parents appear on the birth certificate, the non-biological parent may have limited legal rights over the child. In Texas, two parents of the same sex are even prohibited from being listed on supplemental birth certificates, only allowing for parents where “one of whom must be a female, named as the mother, and the other of whom must be a male, named as the father.”

Although all states offer second parent adoption to same-sex parents in legally recognized unions, only 15 states and the District of Columbia offer second-parent adoption to same-sex parents in cohabiting relationships. This means that in cases where the parents are not married, the non-biological partner may be denied access to the children.

An underlying assumption about parents in same-sex couples seems to be that same-sex parents are less invested or are unable to follow through on the types of parenting that matter for children.

This type of argument is often rooted in the idea that biological parents who are partnered with each other have an advantage over a parent partnered with someone other than their child’s biological parent, with non-biological parents less likely to invest or commit to children who are not their “own.”

This is wrong and must stop! Second Parent Adoptions are Needed As Policies Against Same Sex Parenting Are Not Science Based

Laws and policies that undermine the rights of same-sex parents are more based on politics than on actual science of how they parent. Same-sex parents who conceive children via assisted reproductive technology, for example, should have the same parental rights as heterosexual parents who conceive via assisted reproductive technology and do not have to jump through the same legal hoop.

Very little research has directly tested whether there are different types of parenting investments by same-sex couples. However, in one study that we conducted, we found no difference in the amount of time parents spend with children between same-sex parents and different-sex mothers. But there is a catch.

Mothers in same-sex relationships, fathers in same-sex relationships and mothers in heterosexual relationships spent about the same amount of time in child-focused activities, about 100 minutes a day. Men in heterosexual relationships, however, spent significantly less child-focused time than all three other groups of parents — about 50 minutes per day. That means the only difference that we found tended to favor same-sex couples (and heterosexual mothers).

Importantly, these differences persisted when we controlled for factors that have well-known influences on time spent with children, including parent’s education, the number of children, the age of the children, and parent’s time spent working or commuting. Here’s the catch to this “no difference” conclusion. When combining estimates across mothers and fathers to look at time investments at the family level, not just by individual parents, children raised in same-sex families would receive an average of 3.5 hours of child-focused time a day, compared with 2.5 hours for children in heterosexual families.

Click here to read the entire article.

 

By Alexa Martin-Storey,Kate Prickett – Special to the American-Statesman

November 3, 2015

in Adoption / In the News / Parenting / Religious / Science  by Anthony Brown 0 comments