Can I adopt my stepchild in New York if the bio parent only has supervised visitation?

Yes. A biological parent with only supervised visitation has already had their parental rights significantly restricted by a New York court. This situation can support a stepparent adoption.

How supervised visitation affects adoption:

• If the parent has not exercised their supervised visitation for 6+ months, abandonment under N.Y. Dom. Rel. Law § 111(2) can be established
• If the parent exercises supervised visitation regularly, they have NOT abandoned the child — their consent would be needed
• The court order restricting visitation to supervised-only shows the court already has concerns about this parent

Common scenario:

The court ordered supervised visitation, but the parent never shows up or stopped coming after a few visits. This is abandonment — the court gave them a way to maintain the relationship, and they chose not to use it.

What you need:

• A copy of the existing visitation/custody order
• Documentation of whether the parent has exercised visits
• The standard adoption petition filed in Family Court or Surrogate's Court

Our document package ($349) includes everything needed. Indicate the supervised visitation situation on the questionnaire and we prepare accordingly.

Timeline: 3-6 months | Call (855) 924-0450 with questions.