The most common intra-family or Relative Adoption is the
Stepparent Adoption, followed by the Grandparent Adoption and adoption by other
relatives. These adoptions usually
require the adoption consent of the child's birth parents or original
parents. If the child is virtually without
parents due to death or long-term parental abandonment, then parental consent
will not be required.
When dealing with such a specialized area as NY adoption
law, it is very important to work with a NY adoption professional who
specializes in adoption law. A recognized NY Adoption Attorney and a NYS
Approved Adoption Agency are the best sources for advice on how to adopt a
child in NY. Our Hudson Valley Adoption
Services Executive Director is a licensed NY attorney and a Fellow in the
American Academy of Adoption Attorneys.
A Stepparent Adoption, Grandparent Adoption, or other
Relative Adoption terminates the parental
rights of the absent parent or parents if they are alive. For this reason, unless the child's living
parents have consented to the adoption, the Court will want to be sure that the
child's original parents have had the opportunity to object and present their
side of the story. In many cases the
adoption will still be granted in the child's best interest, even if absent
parents do not affirmatively consent, but only after official notice to the
birth parents or other legal guardian, giving them the opportunity to be heard.
Foster Parents may adopt their foster child with the consent of the Agency with legal custody of the child, if the parental rights of the child's birth parents have already been terminated.
In some families, there have been previous court
proceedings and court orders involving the children. Those may be very important in persuading a
judge that the child deserves family permanency and stability through
adoption.
A Relative Adoption may require an adoption home study. Click here to learn
about a NY Adoption Home Study or contact us to discuss the specific facts of your situation.
