New York Adoption Laws, Page 3
Consent Laws
Who Must Consent to an Adoption
Statute: Dom. Rel. Law §§ 111; 113- Both parents, if child is born or conceived in wedlock
- For a child born out of wedlock, the mother and the father, if he has shown an interest in the child
- Any person or agency having custody
- An agency if the agency has custody and guardianship of the child, if both parents are deceased, or one parent is deceased and the other parent is not entitled to notice
Age When Consent of Adoptee is Considered or Required
Statute: Dom. Rel. Law § 111
- A child 14 years of age or older must consent to the adoption unless the court dispenses with consent.
When Parental Consent is not Needed
Statute: Dom. Rel. Law § 111
- The parent:
- Has failed to visit or contact the child for 6 months
- Has surrendered the child to an agency for adoption
- Shows intent to forego rights
- Whose child has a court appointed guardian
- Is unable to care for the child due to mental illness
- Has executed an instrument, which shall be irrevocable, denying paternity of the child
- Has failed to visit or contact the child for 6 months
When Consent Can Be Executed
Statute:- This issue is not addressed in statutes reviewed.
- Case law implies that consent may be executed any time after the child's birth.
How Consent Must Be Executed
Statute: Dom. Rel. § 115-b; Soc. Serv. Law. § 384- For private adoptions, the statute distinguishes between consents executed in court and extra-judicial consents, and details contents required for consents to be valid.
- For agency adoptions, the statute details requirements for a valid written surrender.
Revocation of Consent
Statute: Dom. Rel. § 115-b- In a private adoption, consent given in court is irrevocable.
- An extra-judicial consent may be revoked within 45 days.
- Parental consents to private adoptions and surrenders in agency adoptions may be challenged if obtained by fraud, duress, or coercion.
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