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

Co parent adoption post-marriage equality

What does Co parent adoption in a post-marriage equality world look like?

Same-sex couples now have the right to marriage in the United States, however, there are still some legal implications that require consideration when it comes to family law and children. It’s important to remember in any union that just because a couple is married, parental rights of biological or adoptive children of one parent do not automatically transfer to that parent’s spouse. In order for both parents to have and practice their legal rights to make decisions for that child’s education, health and welfare, the family, in most cases, must complete a co parent adoption.

What is co parent adoption?

Co parent adoption is a legal procedure that allows a same-sex parent to adopt their partner’s biological or adopted child. This is similar to the stepparent adoption process. This gives the non biological or non adoptive parent parental rights towards the child.

 

Is going through all that paperwork really necessary?co parent adoption, co parent adoptions, second parent adoption new york, second parent adoption, second parent adoptions

In short, yes. While couples intend to stay together forever, break ups happen. In the event of a break up, if one parent hasn’t gone through the adoption process they may lose their rights to custody in the ensuing proceedings. The same goes in instances of death. If something should happen to the only legal parent of the couple’s children, making decisions thereafter for the child or children could be difficult if adoption proceedings have not been completed.

 

Why do we need co parent adoption if we are married and started our family together?

The only way in which a same-sex couple doesn’t need to go through a co parent adoption procedure is if they petitioned jointly to adopt their child or children. Until the Supreme Court decision of June 2015, the option of joint adoption by same-sex couples varied state to state. If the child is one parent’s biological child, as in the case of a surrogate or sperm donation, the other parent will still need to go through the co parent adoption process.

 

The adoption process can be an overwhelming endeavor. Whether you have already started the great adventure of parenting or are just beginning the process of starting your family, it’s important for same-sex parents to make sure all the legalities are both understood and taken care of. As the head of Nontraditional Family and Estates division of Albert W. Chianese & Associations, Anthony M. Brown specialises in co parent adoption and is here to help you navigate the ins and outs of same-sex legal issues and adoption. If you have any questions, don’t hesitate to call 212-953-6447 or drop me an email.

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