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Talmud Law The Law Offices of Rebecca J. Talmud

Who has to give consent for a private adoption?

On Behalf of | Jan 20, 2023 | Adoption

Many people in New York turn to adoption to have children and raise a family. It is sometimes the only way people can start a family. There are others who may choose to adopt a child to help out family members who are unable to care for the child. In either situation, it can be an exciting time for the parents seeking the adoption.

Adopting a child is not as simple as having the parents give the child to the prospective parents. There is a preference that the biological parents raise their children and to complete a private adoption, people must go through a legal process to ensure that it is truly what the biological parents want to do. The appropriate parents must consent to the adoption.

Consent requirements for adoptions

Who must give consent for an adoption depends on the circumstances.

  • If the biological parents of the child being adopted are married, both parents need to consent to the adoption.
  • If the biological parents are not married, only the mother’s consent is required. However, if the father has significant contact with the child, he must consent as well.
  • If the parents are not married and the father has not had significant contract, his consent is not required, but he may receive notice of the adoption.
  • If the father is unknown, he does not need to consent to the adoption.
  • If there is a question regarding whether a parent abandoned the child, there may be a hearing to determine that fact.
  • Children 14 years old and older must also consent to the adoption.

Anybody wishing to adopt a child in New York must go through the adoption process. Even if both of the biological parents consent to the adoption, there is still a legal process parents need to go through to finalize the adoption. However, the process can be very complicated if one of the parents chooses not to consent to the adoption. Experienced attorneys understand the adoption process and may be able to guide one through it.