It typically takes at least nine months for an adoption to be finalized by the court in New York.
In the state of New York, there are generally two basic options for adopting children, according to Adoption Media. These options include agency adoptions through a local public or private agency and independent adoptions using attorneys, adoption facilitators and other qualified intermediaries. Regardless of the option you choose for adoption and whether adopting a child domestically or internationally, there are common laws that must be followed when starting the adoption process in New York.
Necessary Consent
Consent to adopt in New York is required from the parents, persons or authorized agency who have lawful custody of the adoptive child at the time of adoption. Consent from the mother is required whether she is an adult or minor. In the state of New York, consent from the father is required if he has maintained substantial and continuous contact with the child for six months, lived with the child or child's mother for six months preceding the adoption or paid a reasonable sum of money or expenses for the child's birth or the mother's pregnancy. Sometimes parental consent is not required if parental or custodial rights have been forfeited or by reason of mental illness.
Who May Adopt
Generally, any single adult, legally separated adult or adult husband and wife are eligible to adopt any person under the age of 18 in the state of New York. A stepparent can legally file to adopt their spouse's biological child, while a married person who is legally separated or who has a legally incompetent spouse may choose to adopt singly.
Completing the Homestudy
New York state adoption regulations require all adoption agencies to conduct a series of interviews, training sessions and meetings with prospective adoptive families within four months of the family filing an application to adopt. This intense process, called the homestudy, is an essential part of adoption that is used to determine whether the prospective adoptive families are prepared and qualified to adopt and to decide what's in the best interest of the child, according to the New York State Adoption Services (NYSAS).
Supervisory Period
In New York, there is a required three-month supervisory period after a child is placed in the adoptive family's care and before the adoption can be legally finalized by the court. During this time the adoption agency enlists a caseworker to regularly visit and supervise the child and adoptive family to make sure that the family is caring for the child properly and meeting her needs. The caseworker is also there to provide assistance and support to the adoptive family if necessary. According to NYSAS, after three months the agency determines whether the placement has been successful or not. They will then approve or deny the family's petition for adoption.
Expenses
Adoptive parents are only allowed to pay certain expenses for the birth mother and child in the state of New York. These expenses are limited to legal fees, actual hospital and medical costs, and necessary expenses related directly to the pregnancy and birth, such as rent and utilities, maternity clothing, food, and transportation, reports the Infant Adoption Training Initiative. These expenses, which must be included in the adoption paperwork and approved by a judge, must not be paid directly to the birth parent.
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