What are the requirements for stepparent adoption in New York?

In New York, a stepparent adoption requires that you are married to the child's parent, that the right people consent (or the court excuses their consent), and that you file a petition in Family Court or Surrogate's Court, with the required home study, in the county where you live. Here is how each piece works.

Marriage: A spouse may adopt the other spouse's child under N.Y. Dom. Rel. Law § 110. Adult spouses and minor spouses are both covered.

Residency: New York sets no minimum residency period. Your petition goes to the county where you live (N.Y. Dom. Rel. Law § 115(2)).

Where to file: You can file in Family Court or Surrogate's Court. Both serve all 62 counties, including the New York City boroughs.

Consent of the other parent: This is not always required. Under N.Y. Dom. Rel. Law § 111, the court can dispense with it if the parent has abandoned the child, failed to support the child when able, or otherwise forfeited parental rights. Abandonment under N.Y. Dom. Rel. Law § 111(2) means the parent failed to visit or communicate with the child for at least six months. If the other parent is unknown, unreachable or likely to contest, that situation depends on your facts, so talk with the court clerk or an attorney.

Consent of the child: A child who is 14 or older must consent (N.Y. Dom. Rel. Law § 111).

Home study: New York does not waive the home study for stepparent adoptions. Expect an investigation as required by N.Y. Dom. Rel. Law § 112(7); § 116.

Adopting an adult stepchild: Adults can be adopted in New York with their own consent, under N.Y. Dom. Rel. Law § 110. The other biological parent's consent is not required. Adult adoptions typically take 2-4 weeks. An adult means someone 18 or older. Whether the court will waive a particular step, such as the investigation, is best confirmed with the clerk.

Timeline and cost: Stepparent adoptions in New York typically take 3-6 months. Court filing fees generally run $200-$500, and the typical total is under $1,000. Hiring an attorney commonly costs $3,000-$5,000+.

What the adoption does: Under N.Y. Dom. Rel. Law § 117:

• Your stepchild becomes your legal child for all purposes.
• Your child has full inheritance rights from you.
• All legal rights and obligations transfer to you.
• The other biological parent's rights and obligations are terminated.