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Talmud Law, PLLC The Law Offices of Rebecca J. Talmud

Will a divorce affect an adoption in New York?

On Behalf of | Nov 22, 2023 | Adoption

Waiting for adoption results can be nerve-racking. Prospective adoptive parents will usually do their best to keep everything at bay until the adoption is final. However, some couples may no longer be able to keep their marriage together before then and opt for a divorce.

Unfortunately, a divorce does affect an adoption in several situations.

How a divorce affects an adoption process

In the case of private placement adoptions, birth parents can revoke their consent to the adoption if the prospective adoptive parents suddenly decide to divorce before the adoption process is final. Understandably, some birth parents may want their children to grow up with married adoptive parents. Note, however, that New York allows consent revocation only if the initial consent was not made in court and the withdrawal happens within 45 days from the initial consent.

With foster care adoptions, judges handling adoption cases have the discretion of whether to approve the adoption despite the divorce. Ultimately, they will decide what is best for the child’s well-being. If they find that approving the adoption with the divorce at play will not serve the child’s best interests, then they will reject the petition.

Some countries may cancel a pending international adoption if the adoptive parents file for divorce since some of them do not allow single and divorced individuals to adopt from their homeland.

Finding hope in the situation

Wondering how divorce can affect your adoption case can take a toll on your mental health. Nevertheless, you do not have to go through the process alone. Working with a compassionate adoption attorney can help you make informed decisions with as little stress as possible.