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

Whose consent is necessary for an adoption in New York?

On Behalf of | Jan 11, 2024 | Adoption

Parents can have specific circumstances that limit their options when planning to grow their family. In these scenarios, adoption can be a beneficial and legally sound way to do so. This process can be straightforward but also complex, based on the situation. Some factors might impact what happens after each step, such as whether the appropriate parties gave their consent.

When seeking consent for an adoption, the requirements can shift based on the family’s circumstances. The situation can quickly become complicated, especially if other parties, aside from the child’s parents, have a say in it. To adopt a minor in New York, the following parties should provide their consent if appropriate:

  • The child to be adopted if they are over 14 years old
  • The child’s parents if living
  • If born out of wedlock, only the child’s mother
  • If born out of wedlock, the child’s paternal father, under specific circumstances
  • Any party, such as an individual or agency, which has legal custody of the child

Still, there are scenarios when the parents’ consent is unnecessary. It can happen if they decide to revoke their parental rights to the child. The court can also allow the adoption to move forward regardless of having consent if there are valid reasons, such as the parent’s failure to stay in touch with or support the child adequately.

Navigating the adoption process

Aside from consent, there can be other considerations that may complicate the adoption process. It can be helpful to seek legal counsel in these instances. Experienced guidance can help determine the next steps while keeping timelines in mind. It can also help address and navigate any issues that may arise during the process.