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

Adoption New York Home Study

What is a “home study” for adoption New York and what can we expect?

With both heterosexual and gay adoption New York, the family will need to participate in a home study as part of the adoption process. A home study is required in all adoption cases, whether you as a couple are adopting a new child or whether one partner is adopting the legal or biological child of their partner. It may seem daunting inviting people into your home to judge whether you are fit to be a parent, the process is not intended to trick you or catch you off guard. A person or family that is disqualified from the adoption process is usually done so during the background check portion of the adoption, before a home study is conducted.

 

What we need to prepare for in a home study for adoption New York?

The first step in a home study involves a lot of paperwork. In addition to submitting a long list of documentation, including things like background checks, a child abuse clearance, etc, a social worker will come to inspect your home to make sure you are providing a fit environment to raise a child. While your home does need to pass safety requirements (like making sure your smoke alarms are all in working order), if any issues do come up these are most likely pretty quick fixes.

The social worker will also interview the parent or parents adopting, as well as any other adults living in the home. They are looking to make sure the prospective parents display characteristics that qualify them to be a fit and loving parent. Such qualities the social worker is looking for may include:

  • Being able to provide for the child’s needs on a physical and emotional level
  • Being able to financially provide for a child
  • Be in good health to care for a child
  • Have the emotional capacity to accept and care for an adopted child and address any emotional implications this may mean for that child with realistic expectations
  • The ability to handle stress
  • A connection with the community.

 

Once the home study is complete, the caseworker will prepare a written summary about the family to be referenced during the rest of the adoption process. Typically, parents looking to adopt will find a home study provider through their attorney, depending on the county in which they live, and will be responsible to pay for the home study out of pocket.

 

If you have any questions about the process for adoption New York or the home study process, contact Anthony M. Brown at 212-953-6447 or Brown@awclawyer.com. As the head of Nontraditional Family and Estates division of Albert W. Chianese & Associations, Brown provides expertise in bringing families together and establishing a legal child-parent relationship.

in Adoption  by Anthony Brown 0 comments