How do I adopt an adult in New York?

You adopt an adult in New York by filing a petition in Family Court or Surrogate's Court and appearing before the judge or surrogate. Under N.Y. Dom. Rel. Law § 110, the statute text sets no relative, stepchild, prior-relationship or age-gap condition for who may be adopted. The typical timeline for an adult adoption is 2-4 weeks.

Who can adopt. Section 110 lets an unmarried adult, a married couple together, or two unmarried adult intimate partners together adopt another person. A married person may adopt alone only if living apart from their spouse under a separation decree, judgment or written agreement, or for at least three years before filing. The statute gives no numeric age for an "adult" adopter, so the court clerk in your county can confirm that point.

Consent. The adult being adopted must consent if over 14, unless the judge or surrogate dispenses with it. When the adoptee is over 18, the consent of the parents and of any lawful custodian is not required. The court may also dispense with a father's consent if the adoption is in the adoptee's best interests and that consent cannot be obtained. The judge or surrogate directs who receives notice. For the consent of an adoptee's spouse, or any contested or unusual situation, check with the clerk or an attorney.

Where to file. You can file in Family Court or Surrogate's Court in any of New York's 62 counties. Under N.Y. Dom. Rel. Law § 115(2), venue is the county where the adoptive parents live, or, if they don't live in New York, the county where the adoptee lives. New York has no minimum residency period.

Home study. The investigation is not expressly waived for adults (N.Y. Dom. Rel. Law § 112(7); § 116). Ask the clerk whether the court in your county will require one in your situation.

The hearing. The adopting parent or parents, the adoptee and everyone whose consent is required must appear for examination before the judge or surrogate. The court may dispense with the adoptee's appearance.

Typical steps.

• Confirm with the clerk which court in your county takes adult adoptions and what it needs.
• Prepare the petition and the supporting documents, including the adoptee's consent.
• File with the court and pay the filing fee.
• Attend the hearing, where the judge or surrogate decides whether to approve.

Cost. Court filing fees typically run $200-$500, and the total is typically under $1,000 when you file without an attorney. Attorney representation commonly costs $3,000-$5,000+.

How we help. StepParent Adoption 360 is a document preparation service, not a law firm. You answer questions online, and we prepare the complete court document package for your county. You then file it yourself without an attorney. The price is $349 for one adult adoptee, and you receive court-ready documents within 24-48 hours after you finish the questions. We back this with a 100% court acceptance guarantee, and we have helped 1119 New York families.