New YorkWho Must Consent:
Consent of Adoptee:
- Both parents if child is born or conceived in wedlock.
- For a child born out of wedlock, the mother and father if he has shown an interest in the child.
- Any person or agency having custody.
- Agency's consent is required if the agency has custody and guardianship of the child, or if both parents are deceased or one parent is deceased and the other parent is not entitled to notice.
A child 14 years or older must consent to the adoption unless the court dispenses with consent.When Parental Consent is Not Needed:
When Relinquishment Can Be Signed:
- 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.
Not addressed in statutes reviewed. Case law implies that consent may be executed any time after the child's birth.How Relinquishment Must Be Signed:
Time for Revocation:
- 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, statute details requirements for a valid written surrender.
- In a private adoption, consent given in court is irrevocable.
- An extra-judicial (given outside the court) 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.
Glossary of Terms
Legal Considerations in Adoption
Putative Father Registries: What They Are and How To Use Them
Resources for Expectant/Placing ParentsRelinquishment Summaries by State: Index