Adoption Litigation: Understanding the Legal Process

New York Domestic Relations Law § 110 sets forth the mandatory requirements for adoption litigation, including the necessity of obtaining consent from biological parents or guardians unless consent has been waived or dispensed with by the court. The petitioner must demonstrate that they are at least eighteen years old and financially capable of supporting the child. Additionally, a home study is typically required to assess the suitability of the adoptive home environment.

Adoption litigation in New York includes several categories: domestic infant adoption, stepparent adoption, relative adoption, and agency adoption. Each type involves distinct procedural requirements and timelines. Stepparent adoption, for example, may proceed more rapidly when the biological parent consents and supports the adoption. Relative adoption may involve different consent requirements and family dynamics compared to unrelated party adoption.

Under New York Domestic Relations Law § 111, parental consent must be executed before a judge or notary public and must acknowledge that the parent understands the nature and consequences of adoption. The consent document must be dated and signed, and the parent must confirm understanding of their rights. Revocation of consent is generally permitted only within a limited timeframe after execution, typically within six months.

Adoption litigation may proceed without parental consent if the court finds grounds for dispensing with consent under § 111. These grounds include abandonment of the child for more than six months, persistent failure to maintain contact or provide support, or a determination that the parent is unable or unwilling to provide proper care. The court must make specific findings supporting the dispensation of consent before proceeding with the adoption.

The adoption petition must include detailed information about the child, the petitioners, the biological parents, and the grounds for adoption. Supporting documentation must accompany the petition, including birth certificates, consent forms, home study reports, and any court orders related to custody or guardianship. An adoption petition must be filed in the appropriate court with proper jurisdictional basis and must comply with all procedural requirements established by the Family Court Act or Civil Practice Law and Rules.

Once the adoption petition is filed and all required documentation is submitted, the court schedules a hearing to review the case. During the hearing, the judge examines evidence regarding the best interests of the child, the suitability of the adoptive parents, and compliance with all statutory requirements. If the court is satisfied that adoption serves the child's best interests and all legal requirements have been met, the judge enters a final adoption decree. This decree terminates the rights and responsibilities of biological parents and establishes the parent child relationship between the adoptive parents and the child. Adult adoption follows similar procedures but may have modified requirements regarding consent and home studies.

New York law restricts access to original adoption records, with the sealed records typically remaining confidential unless the adoptee reaches age eighteen and requests access. Adoption litigation records may be opened under specific circumstances, such as for medical necessity or with consent of all parties. Some adoption proceedings may include provisions for contact agreements or open adoption arrangements, allowing ongoing communication between adoptive families and biological relatives.

Upon finalization of adoption litigation, adoptive parents assume all legal rights and responsibilities of biological parents, including decision making authority regarding education, medical care, and religious upbringing. The adopted child gains inheritance rights, social security benefits, and eligibility for family benefits. Adoption creates a permanent legal relationship that cannot be dissolved, ensuring stability and security for the child throughout their life.