In New York State, most applications for adoption are filed in the county where the adoptive parents live. Depending on the county, adoption cases are decided by the Family Court or the Surrogacy Court. A family judge or substitute court judge must approve all adoptions. This is done by signing an adoption order.
To adopt a child, there are certain forms that you must fill out and file with the court. You'll find the instructions and all the forms you need to file an adoption case in this section. Adoption by a stepparent is a judicial process that allows the new spouse of a custodial parent to legally adopt that parent's child. Adoption by a stepparent is often used when the child's other biological parent has not been identified, is out of the child's life, consents to the adoption, or does not have parental authority (due to abuse, neglect, or neglect).
While the home studies agent has the power to write a positive or negative review, it is the court that makes the final decision about your ability to adopt a child. Before starting the adoption process, you should familiarize yourself with the different types of adoptions. Once all the questions are answered, the judge will sign a document called an adoption decree. Adoptive parents must file a petition (application) for adoption with the court, pay the filing fees, and go through the court hearing process before a judge.
An experienced adoption lawyer, in addition to having experience in adoption, is a more reliable option than someone like a family law lawyer. Some states allow parents to file a separate appeal, while others include it as part of the adoption process. Just like you would go to an immigration lawyer for your immigration or a criminal lawyer for your criminal defense, an adoption lawyer is your best option for adoption. A home study educates and evaluates the adoptive family to ensure that adoption is in the best interest of the child.
Because separating a child from a prospective adoptive family can be harmful to the child and the adoptive family, many states require biological parents to undergo counseling before allowing them to consent to the adoption. The purpose of the hearing is for the judge to verify that the adoptive parents meet all state requirements, which should not be a complicated process if the parents obtained the necessary information during the adoption process. The most common type of adoption in which a couple or single parent decides to adopt a child in need from the United States or another country. Finally, in most cases, adoptive parents want to change the child's name, which can be done by filing a request for a name change along with their adoption request.
Regardless of the type of adoption, whether independent, through an agency, or through a stepparent, all cases must receive court approval before the adoption is final.
