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New York's Adoption Laws

Adoption Records

New York

Statute: Soc. Serv. Law § 422(4)(A),(4)(B)

Records Confidential: Yes

Persons with access to records

CPS/State Agencies

• Agencies From Other States

• Courts/Judges

• Grand Juries

• Law Enforcement

• Attorneys General/Prosecutors

• Attorneys, GAL's

• Physicians

• Researchers

• Employers

• Parents/Guardians

• Review Teams

• Treatment Providers

• Subject of Reports

Persons without access to records

Reporters of Abuse

• Coroners

• Public/Any Person

Other State legislative committees Investigators Licensing agencies Child care resource and referral programs State Division of Parole Probation service


© This information is from the National Adoption Information Clearinghouse.


Consent to Adoption

The consent may be signed any time following the birth of the child.

Pre-consents are allowed in the state of New York.

Revocation Time Frame in New York

The consent is irrevocable upon signing if it is signed before a judge. If it is not signed before a judge, the consent may be revoked within 30 days if using an adoption agency, or within 45 days if it is a private adoption.


Parties to an Adoption

New York

Who May Adopt

Statute: Dom. Rel. § 110

An adult unmarried person

An adult husband and adult wife together

An adult married person legally separated

Who May Be Adopted

Statute: Dom. Rel. § 110

Any person

Who May Place a Child for Adoption

Statute: Soc. Serv. § 374

An authorized agency

A parent

A legal guardian

A relative within the second degree


© This information is from the National Adoption Information Clearinghouse.


Birth Father Statutes

No information currently available.


Adoption Expenses

New York

Birth Parent Expenses Allowed Statute: Soc. Serv. § 374(6)

  1. • Reasonable and actual nursing, medical, and hospital costs
  2. • Reasonable and actual legal fees
  3. • Reasonable expenses for housing, maternity clothing, clothing for the child, and transportation

Birth Parent Expenses Not Allowed Statute: Soc. Serv. § 374(6) 

Payment of living expenses shall not extend for 60 days prior to the birth, and 30 days after the birth, unless the court determines that there are exceptional circumstances.

Allowable Payments for Arranging Adoption Statute: Soc. Serv. § 374(6)

 No person or entity, except for an authorized agency, shall receive payment for placing a child or assisting a parent in arranging a placement.

Allowable Payments for Relinquishing Child Statute: Soc. Serv. § 374(6) 

No person or entity, except for an authorized agency, shall request, accept, or receive compensation or anything of value in connection with the placing out or adoption of a child.

Allowable Fees Charged by Department/Agency Statute: Soc. Serv. § 374(6) 

An authorized agency may charge a fee for the reasonable and necessary expenses of placement.

Accounting of Expenses Required by Court Statute: Dom. Rel. § 115(8)

  1. • In a private placement adoption, the adoptive parent will present an affidavit describing all fees and other payments made or promised.
  2. • The attorney representing the adoptive parents must also present an affidavit describing all fees and compensation paid in relation to the adoption.

© This information is from the National Adoption Information Clearinghouse.


International Expenses

No information currently available.


General Adoption Statutes

New York

Agency or Person Gathering Information or Preparing Report Statute: Dom. Rel. Law §§ 112; 116

  1. • Authorized agency
  2. • Disinterested person as approved by the court

Contents of Report About Person to be Adopted Statute: Dom. Rel. Law § 112

  1. • Name
  2. • Date and place of birth
  3. • Religion
  4. • Medical history

Contents of Report About Birth Parents Statute: Dom. Rel. Law § 112

  1. Health and medical history
  2. • Hereditary diseases, if any
  3. • Drugs or medication taken during pregnancy
  4. • Nationality, ethnic heritage
  5. • Religion
  6. • Education
  7. • Occupation
  8. • Talents, hobbies
  9. • Physical description

Contents of Report About Adoptive Parents Statute: Dom. Rel. Law §§ 112; 116

  1. Marital, family status
  2. • Religion
  3. • Occupation; income
  4. • Finances; property owned
  5. • Physical, mental health
  6. • Familial, social, and emotional circumstances
  7. • Child abuse history

© This information is from the National Adoption Information Clearinghouse.


If you are an adoption professional and have updated information for this portion of our site let us know by contacting us at 1-800-ADOPTION or e-mail us at editors@americanadoptions.com.


DISCLAIMER

American Adoptions, Inc. provides this information as a courtesy and is in no way responsible for its content or accuracy.

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