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What is an abandonment affidavit for adoption in New York?

2 min readHelping families since 2001New York
In this answer · 3 sections

An abandonment affidavit is a sworn, notarized document that details the biological parent's lack of contact with the child. It is the key document when proceeding without the other parent's consent in New York.

What the affidavit includes:

  • The date of last known contact between the biological parent and the child
  • A description of the parent's absence (no visits, no calls, no communication)
  • The duration of the absence (must be 6+ months under N.Y. Dom. Rel. Law § 111(2))
  • Whether the parent has provided financial support (relevant but not determinative)
  • Any efforts you or your spouse have made to facilitate contact
  • Your spouse's testimony about the biological parent's involvement (or lack thereof)

Who signs it:

  • Your spouse (the child's custodial biological parent) signs the affidavit
  • It must be notarized (sworn under penalty of perjury)
  • You may also sign a supporting affidavit

Why it matters:

  • This is the document the Family Court or Surrogate's Court relies on to find abandonment
  • It must be detailed, specific, and honest — vague statements are less effective
  • We prepare this document with proper legal language that meets New York's requirements

Included in your $349 document package. We guide you on exactly what information to include based on your situation.

Start at stepparentadoption360.com/portal/register — describe the bio parent's absence and we draft the affidavit accordingly.

Stepparent adoption in New York at a glance

Court
Family Court or Surrogate's Court
Residency before filing
No minimum period
Typical timeline
3-6 months
Court filing fee
$200-$500
Child must consent at age
14
Home study
May be required
New York families we've helped
1,119

Full New York guide →

Turn what you learn into your next step

01Understand your situation

Start with this answer and the related questions below.

02Check the state rules

Use official sources and confirm local filing details with the court.

03Prepare with confidence

Save your answers in the portal or call our team for document help.

Published by Douglas Brown & the StepParent Adoption 360 team

Adoption document specialists · 25+ years of experience · 34,000+ families helped.

Page layout updated . Individual answers have different research histories. This is general information; court requirements and individual circumstances can differ. Document preparation service, not a law firm.

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