How old do you have to be to adopt in New York?

In New York, you must be an adult to adopt, and if you're a stepparent, the law also lets a spouse who is a minor adopt the other spouse's child (N.Y. Dom. Rel. Law § 110). The statute uses the word "adult" without spelling out a number in the adoption article, so the Family Court or Surrogate's Court clerk in your county can confirm the exact age they apply.

Who can adopt under the age rule:

• An adult: An unmarried adult, or an adult married couple together, may adopt.
• A stepparent exception: An adult or minor married couple may adopt a child of either spouse, and an adult or minor spouse may adopt the other spouse's child.
• Age difference: If you're wondering whether you must be a certain number of years older than the child, confirm that point with the court clerk or an attorney.

Ages that matter for the child: Your own age is only part of the picture. The child's age affects the process too.

• Consent at 14: A child who is 14 or older generally must consent to the adoption unless the judge dispenses with it (N.Y. Dom. Rel. Law § 111).
• Adult stepchildren: Adults can be adopted in New York with their own consent. When the person being adopted is over 18, the parents' consents are not required, and the other biological parent's consent is not needed.

Other basics once you meet the age rule:

• Court: You can file in Family Court or Surrogate's Court in any of New York's 62 counties, including the New York City boroughs.
• Residency: New York has no specific residency duration requirement (N.Y. Dom. Rel. Law § 115(2)).
• The other parent: Consent can be dispensed with if that parent has abandoned the child, meaning no visits or communication for six months or more, or has failed to support the child when able (N.Y. Dom. Rel. Law § 111(2)). If your situation is contested or you don't know where the other parent is, speak with the court clerk or an attorney about your specific facts.
• Home study: An investigation is part of the process and is not waived (N.Y. Dom. Rel. Law § 112(7); § 116).
• Timeline: A stepparent adoption typically takes about 3-6 months. An adult adoption typically takes about 2-4 weeks.
• Cost: Court filing fees typically run $200-$500, and the total is typically under $1,000. Hiring an attorney commonly costs $3,000-$5,000 or more.

After the adoption: The adopted child becomes your legal child for all purposes (N.Y. Dom. Rel. Law § 117), with full inheritance rights. A new birth certificate is available through the New York State Department of Health Vital Records.