New York Adoption Frequently Asked Questions

Eligibility to adopt is based on state law. Each state has a minimum age requirement for eligibility to adopt. In some states the age is 18, while in other states you must be at least 21 or 25 years old. Some states require that to adopt, there must be at least 10 years age difference between the child and the adoptive parent. Single individuals are eligible to adopt, and sexual orientation is not a factor in eligibility to adopt. Some states have a minimum residency requirement.

In general, both the mother and father of a child have parental rights such that their consent must be given before their child can be adopted. However, in order for a father to have parental rights, paternity must be established according to the requirements of state law. Further, the father must also demonstrate a commitment to parenting the child by communicating with the child and providing financial support for the care of the child. If paternity has not been established or if a father has not asserted his parental rights, the child could be adopted without the father’s consent.

A large portion of family court cases does not ever have to go to trial. The majority of cases settle.