Is there an age limit for adult adoption in New York?

In New York, the adult adoption law does not set an age-gap or relationship condition, and it does not list a maximum age for the person being adopted. Under N.Y. Dom. Rel. Law § 110, an adult unmarried person, an adult married couple together, or two unmarried adult intimate partners together may "adopt another person." The section does not require that the adoptee be a relative, a stepchild, or someone you have known for a set time. If you need an exact number for the adopter's minimum age, the Family Court or Surrogate's Court clerk in your county can confirm it.

Who can be adopted as an adult: The adoptee needs to be over 18 for this to be an adult adoption. If the person is younger than that, different minor-adoption rules apply.

Who can adopt:

• The adopter must be an "adult" under § 110.
• A married person adopts together with their spouse. The exception is a person living apart from the spouse under a separation decree, judgment or written agreement, or for at least three years before filing.

Consent: The adoptee's own consent matters most.

• Under N.Y. Dom. Rel. Law § 111, an adoptee over 14 must consent, unless the judge or surrogate dispenses with it.
• When the adoptee is over 18, the consents of the parents and of any lawful custodian are not required under § 111.
• A situation with an unknown parent or a contested family dynamic depends on the facts. Ask the court clerk or an attorney about your specific circumstances.

Where you file: You file in Family Court or Surrogate's Court in any of New York's 62 counties, including the New York City boroughs. There is no minimum residency period. Under N.Y. Dom. Rel. Law § 115(2), venue is the county where the adoptive parents live, or the adoptee's county if the adopters don't live in New York.

What to expect:

• The adopter, the adoptee and anyone whose consent is required appear before the judge or surrogate. The court may excuse the adoptee from appearing.
• Notice goes to whoever the judge or surrogate directs.
• New York's home study rules are in N.Y. Dom. Rel. Law § 112(7); § 116. The investigation by a disinterested person is not expressly waived for adults, so ask your court clerk how your county handles it.
• Adult adoptions typically finish in 2-4 we