Can I adopt my stepchild if I work out of state but live in New York?

Yes. Working out of state does not affect your eligibility for stepparent adoption in New York. What matters is where you live — your primary residence — not where you work.

Residency requirement:

• New York requires 0 months of residency (N.Y. Dom. Rel. Law § 110)
• Residency is based on your home address — where you sleep, where your family lives
• Commuting across state lines for work does not change your residency
• Even extensive travel for work does not affect residency if your home is in New York

What the court looks at:

• Where is your primary home?
• Where does the child live?
• Where do you file taxes as a resident?
• Where is your driver's license issued?

Remote workers and frequent travelers:

• If you work remotely from your New York home, residency is clear
• If you travel for work but maintain your home in New York, residency is clear
• If you live in another state and commute TO New York for work, you are NOT a New York resident

The adoption is filed where the child lives. If you and the child live in New York, file in New York Family Court or Surrogate's Court.

Cost: $349 | Timeline: 3-6 months

Start at stepparentadoption360.com/questionnaire or call (855) 924-0450.