Second Parent Adoption Process: New York State

The second parent adoption process for New York State: What you need and what you need to know!

The second parent adoption process is the process of a same-sex parent adopting their partner’s biological child, regardless of whether or not they are married or their relationship is legally recognized. While everyone has equal marriage rights now, the laws for New York State adoption are still striving to meet the modern day needs of our families, 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.

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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 you are not currently employed, they 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.

Contact Time For Families

in Adoption / Featured Articles / Second Parent Adoption / Step Parent Adoption by Anthony Brown 22 Dec 201523 Dec 2019 7 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 13 Dec 201509 Mar 2016 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 11 Dec 201509 Mar 2016 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?

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 07 Dec 201509 Mar 2016 0 comments

Are Second Parent Adoptions Necessary With a Surrogate?

Are second parent adoptions necessary when using a surrogate?

Establishing parental rights when someone has their family with the help of a surrogate (typically gay men looking to start a family or women who cannot carry for medical reasons) is a tricky area of the law and varies greatly state to state. Prior to the Supreme Court’s June decision in Obergefell vs. Hodges granting marriage equality to same-sex couples, second parent adoptions on the part of the non biological parent were almost always required once a couple started a family via surrogacy. Post-Obergefell, second parent adoptions are still the only method for securing unassailable rights between your child and the nonbiological parent. Click here for a video on the ABCs of surrogacy.

Types of Surrogacy

There are two types of surrogacy: traditional and gestational. Traditional surrogacy is when the surrogate mother is also the egg donor and the child is biologically related to her. With a gestational surrogacy, a fertilized egg is implanted into the womb of the surrogate and she is not biologically related to the child. Most surrogates today are gestational surrogates. The establishment of parental rights may be executed, in some cases, by a pre or post birth order in the state where the surrogate lives, but more often by second or step parent adoption in the intended parents’ home state.

Second Parent Adoptions

If your partner had a child with a surrogate before you were married or in a relationship, second parent adoptions are required to obtain legal parental status of that child. If the surrogate is named on the birth certificate of the child, they may need to sign a “consent to adoption” form. If you are just beginning the surrogacy process as a couple, throughout the proceedings, the nonbiological parent may be able to obtain either a pre-birth or post-birth parentage order. Some states do not allow for parentage orders, in which case a second parent adoption would be necessary in the intended parents’ home state to legally obtain those parental rights.

Variations State to State

Keep in mind that laws surrounding surrogacy vary greatly state to state, and surrogacy is even illegal in 5 states, including New York. If you’re a New York resident with your heart set on surrogacy, you will need to find a surrogate mother in a state in which it is legal.

Canadian Surrogacy

Many couples are now looking to our neighbors to the north for surrogacy services. The main difference in the laws regarding surrogacy in Canada is that surrogacy is NOT compensated. Surrogates are reimbursed for their costs, which include such items as lost wages, bed rest, family care, health costs, maternity clothing and other pregnancy related costs. All provinces except Quebec allow for enforcement of these altruistic surrogacy agreements. Canada

The critical consideration is parental establishment after the child is born. In some provinces there is an administrative method of securing parental rights for the non-genetically related parent. While this may be appropriate in Canada, it does not establish legally recognized rights in the U.S. Most provinces will also offer a court declaration of parentage. This is the very least in protection for the non-genetically related parent.

Intended parents should also consider a step or second parent adoption back in the U.S in their home state to secure parental rights for the non-genetically related parent. Adoption orders receive full faith and credit automatically in the U.S. and around the world. Parentage orders may or may not be recognized in countries which have not legalized surrogacy. Also, in the States, with an adoption order, there is no questions as to the rights of a parent created through adoption. Not all states have parental declaration orders and enforcing them may prove extremely costly.

If you and your partner are considering getting an out of state/country surrogate, it’s vital to get professional legal assistance to make sure your parental rights are recognized across all state and international borders.

Anthony M. Brown, head of Family and Estates division of Albert W. Chianese & Associations, is here to help you and your family grow and to make sure all of your parental rights are legally protected. If you have any questions pertaining to legal issues of your parentage, call 212-953-6447 or email and I will do my best to help your family!

Contact Time For Families

in Featured Articles / Second Parent Adoption / Services / Surrogacy by Anthony Brown 04 Dec 201530 Jun 2018 0 comments

The Essential Nature of Second Parent Adoption

What is Second Parent Adoption?

Second parent adoption (also sometimes known as co-parent adoption) is the administrative process through which one partner in a same-sex relationship can become the legally recognized parent of their partner’s biological or adopted child, along with their partner and without the other partner’s parental rights being terminated. Although morally parents should not have to adopt their own children, for whom they planned either biologically through their partner or through adoption, it is strongly advisable to go through this process in order to ensure the security of the child in case of the initial parent’s death, and for logistical purposes when parental responsibility is required in legal, medical and other situations. This is advisable even if the parents are married or in a civil union, as some States and countries do not recognize the legal relationship of the parents to be an indicator of their relationship to their child. Second parent adoption is usually the process taken by unmarried couples, as step-parent adoption is available for those adopting their spouse’s child.

Why choose Second Parent Adoption?

Second parent adoptions are widely viewed by LGBT legal rights experts as the best option for children, as it has been found that it increases emotional, psychological, legal and financial security. It is common to think that if you are married or in a civil partnership, you are legally safe when it comes to your rights as a parent. In some places, this is true. New York, for example, recognizes both same-sex partners as parents of a child without second parent adoption being a legal requirement. If, however, you ever want to visit relatives in a different State or go travelling to a different country, it is essential that you are legally recognized as the parent on an international level. Your legal parental status affects decisions such as your child’s healthcare, where they go to school and who would look after them in case of parental death. In 2014 a controversial decision was reached by a Judge in New York, who refused to grant a second parent adoption based on the fact that the couple’s rights were protected whilst they remained in New York.

Differences in State Law

Although every State must allow adults in same-sex relationships to petition for second parent adoption if the partners are married, the same does not apply for those in relationships that are not legally binding. Fourteen States currently allow the process for non-married same-sex partners:

California; Colorado; Connecticut; District of Columbia; Idaho; Illinois; Indiana; Maine; Massachusetts; New Jersey; New York; Oklahoma; Pennsylvania and Vermont.

These fourteen further States have allowed the process for couples at some point:

Alaska; Delaware; Florida; Georgia; Hawaii; Iowa; Louisiana; Maryland; Minnesota; Oregon; Rhode Island; Texas; Washington and West Virginia.

There are also States that prohibit or limit fostering and adoption by LGBT adults. The current limitations include:

The Alabama Court of Appeals ruled that (unmarried) same-sex couples cannot use the stepparent adoption procedures. However, married same-sex spouses must be allowed to do so.
Arizona gives a preference to married couples over a single adult in adoption placement.
The Kansas Court of Appeals recently ruled that Kansas does not permit second parent or co-parent adoption by unmarried couples.
A Kentucky court has said that Kentucky does not permit unmarried couples to use the stepparent adoption procedures.
Mississippi has a statute that prohibits adoptions by couples of the same gender, but under the Supreme Court ruling, Mississippi must allow same-sex spouses to adopt on equal terms with other married couples.
Nebraska does not permit co-parent adoption by unmarried couples.
North Carolina does not permit co-parent adoption by unmarried couples.
Ohio does not permit co-parent adoption by unmarried couples.
Utah does not permit anyone cohabiting in a non-marital sexual relationship to adopt. Utah also gives a preference to married couples over any single adult in adoptions or foster care placement.
Wisconsin does not permit second parent or co-parent adoption by unmarried couples.

Getting Help with The Process

Deciding to adopt a child is one of the biggest decisions you will ever make. It is a decision made from a place of extraordinary love and compassion and one that will take you on an incredible journey; a pathway that is hopefully filled with joy and ends with the family you dream of. It can also be an overwhelming experience; dealing with myriad professionals such as lawyers, agencies and physicians can be stressful and it is best to start from a place of knowledge and confidence. Anthony M. Brown is head of the Nontraditional Family and Estates Division of the law firm of Albert W. Chianese & Associates and specializes in same-sex relationship estate planning and co-parent adoption. If you have questions about adoption you can get in touch with him here.

Step Parent Adoption

To read more about Step Parent Adoption, click here.

in Adoption / Featured Articles / Second Parent Adoption / Step Parent Adoption by Anthony Brown 28 Nov 201509 Mar 2016 0 comments