How do I adopt my stepson or stepdaughter in New York?

To adopt your stepchild in New York, you file an adoption petition in Family Court or Surrogate's Court, get the required consents (or a court decision that a consent is not needed), complete the court's review, and attend a hearing where the judge or surrogate finalizes the adoption. Here is how each part works.

Who can adopt. Under N.Y. Dom. Rel. Law § 110, a spouse may adopt the other spouse's child. The statute does not say whether there is a minimum age for the adopter beyond being an adult, so the court clerk can confirm that point.

Where to file. You can file in Family Court or Surrogate's Court, and all 62 counties are served, including the New York City boroughs. New York sets no minimum length of residency before you file (N.Y. Dom. Rel. Law § 115(2)). Your county's court clerk can tell you which court handles these petitions locally and how they prefer filings to be submitted.

Consent. Consent matters on two fronts:

• Your stepchild: a child who is 14 or older must consent (N.Y. Dom. Rel. Law § 111).
• The other biological parent: their consent is generally needed, but it can be dispensed with in some situations. These include abandonment, meaning no visits or communication for 6 months or more (N.Y. Dom. Rel. Law § 111(2)), failure to support when able, or otherwise forfeiting parental rights. Whether your situation qualifies depends on your facts. If the other parent objects, or you don't know where they are, talk to the court clerk or an attorney about that specific issue.

Home study. New York does not waive the home study or investigation in stepparent adoptions (N.Y. Dom. Rel. Law § 112(7); § 116). Expect the court to have the family looked at before finalizing.

Timeline and cost. A stepparent adoption in New York typically takes 3-6 months.