Requirements to Adopt a Child in New York
Who Can Adopt in New York?
In New York State, almost anyone can become an adoptive parent. You may apply to adopt a child if you are LGBTQ+, single or married, young or old, childless or a parent, a renter or a homeowner.
An adoptive parent must be 18 years old or older and can also be:
- an unmarried person,
- a married couple,
- two unmarried intimate partners,
- a married person who is legally separated from his or her spouse, or
- a married person who has been living apart from his or her spouse for at least 3 years before the adoption case is filed.
Are There Citizen Requirements to Adopt?
There is no law or regulation that prohibits the licensing of a non-citizen or undocumented resident as an approved prospective adoptive family in New York State. NYS law does not require an agency to verify a person’s immigration status or citizenship status. However, because the casework decision to place a child in a specific home requires an evaluation of the stability of that home as well as its ability to meet the child’s needs, the agency must assess the likelihood that the parent applicant will be able to maintain stable living conditions for the child. Therefore, immigration or citizenship status may be taken into consideration as it relates to stability for a child
Hopeful Adoptive Parents Must Pass a Background Check
State statutes requiring background checks are supported by Federal law in title IV-E of the Social Security Act.1 Under Federal law, States are required to include in their title IV-E State plan provisions for completing all of the following:
State Central Register for Abuse and Neglect (SCR): When families apply to adopt, agencies must check with the State Central Register for Abuse and Neglect (SCR) to determine whether an applicant, or any person over the age of 18 who resides in the home, has previously abused or maltreated a child. If a prospective parent or other adult has resided in another state in the preceding 5 years, then the child abuse and neglect registry of the other State/s must also be cleared.
Criminal History Check: A criminal history check for a prospective adoptive parent or any other person over the age of 18, who is currently residing in the home is required.
Adam Walsh Child Protection and Safety Act: In 2006 the Adam Walsh Child Protection and Safety Act a federal statute, was signed into law. Also known as the Sex Offender Registration and Notification Act, this law allowed for the creation of a national sex offender registry. As part of the home study process, you will be required to submit to a sex offender registry search.
Families wishing to adopt should disclose any arrest, even if under age or if charges were dropped or expunged. If you withhold information, and it comes back in the clearance, it could result in your not being approved. Many homestudy preparers assume if you are dishonest about one area of your life, you may be withholding other information and, therefore, hesitant to approve you. If it is a “disqualifying” charge, you might as well know up front.
Who Cannot Adopt a Child by Law
A criminal record does not necessarily prevent an applicant from adopting. As every effort is made to ensure that children are placed in safe environments, if you have been convicted of a crime you may not be able to adopt a child or become a foster parent. A court or foster care agency may deny your request to adopt or foster if you or another adult living in your home have been charged or convicted of any crime. The law says that you can’t adopt or foster a child if you have been convicted of certain felonies
You are not allowed to adopt or foster if you have a felony conviction for:
- Child abuse or neglect.
- Spousal abuse.
- A crime against a child, including child pornography.
- A violent crime, like rape, sexual assault, even attempted criminal possession of a weapon.
- A felony for drugs or physical assault within the past 5 years.
If you have been convicted of one of the felonies listed above, you can ask for a Certificate of Relief from Disabilities (CRD) to be allowed to adopt or foster a child. But, even if you get a CRD, the court or foster care agency may still not let you adopt or foster.
Approved Homestudy is Required
Every Adopting Parent in the United States must complete a homestudy in order to adopt a child, no matter which adoption pathway. This includes domestic adoption, international adoption, foster care, step-parent adoption, and in some states even embryo adoptions require a home study.
What is Homestudy?
A homestudy is conducted by someone licensed in your state, usually a social worker. The purpose of the homestudy is to educate the adopting family, and prepare them for adoption. The homestudy evaluates the capability of the family to ensure they are suitable to adopt a child. This step of the adoption process involves the social worker thoroughly gathering information about the family by visiting them at their home, interviewing their family, and ensuring that the parents will provide a healthy environment for any child.
Who May Conduct a Homestudy in New York?
Every county in New York State has a Department of Social Services. Caseworkers in the county’s Department of Social Services where the prospective adoptive parents live can complete home study investigations for families wishing to adopt from the the public adoption system including foster care adoption or public domestic system adoption.
Social Workers in New York State are licensed by the State University of New York, the Department of the Professions as either Licensed Master Social Workers (LMSW) or Licensed Clinical Social Workers (LCSW). Licensed social workers may conduct home study investigations for kinship, step-parent, second parent, and private domestic independent adoptions. Please understand that private licensed social workers are not able to approve individuals as adoptive parents; they can only recommend families for approval by the Court. Private licensed social workers are unable to obtain the child abuse history reports and criminal history reports needed to approve individuals as adoptive parents. Private social workers do not have legal authority to approve an applicant as an adoptive family. Thus, if prospective adoptive parents choose to use a private licensed social worker, they will be required to petition their county’s Family Court to become pre-qualified (approved; aka pre-certified) as adoptive parents.
Individuals or Organizations Approved by a Local Court may conduct home study investigations at the request/order of the court. If ordered by the court, the approved individual or organization may conduct home study investigations for kinship, step-parent, second parent, and private domestic independent adoptions. These individuals or organizations do not have legal authority to approve an applicant as an adoptive family. Thus, prospective adoptive parents will be required to petition their county’s Family Court to become pre-qualified (approved; aka pre-certified) as adoptive parents.
What Kinds of Question are Asked During a Homestudy?
Questions that a social worker will ask pertain to family background, education, employment, relationships, finances and prior parenting experiences. You will discuss where you grew up, daily life in your family, things you did together, your education and work history, hobbies and interests, etc. If there is more than one household member, the relationship will be explored. You will provide information on your finances, home and community, and be asked for references. You will be asked about any history of medical or psychiatric illness or counseling. Having been in therapy or receiving psychiatric medication does not prevent you from adopting. Counseling shows your willingness and ability to seek help, when needed. Medication will be assessed as it affects your daily functioning and stability. You will be asked for a letter from the treating therapist or prescribing physician.You will be asked about drug or alcohol abuse, domestic violence, child or sexual abuse. If there is any history, it will be discussed as it related to your upbringing, adult years, coping skills and ability and readiness to meet a child’s needs. Children and adults can go through tough times. Most overcome their past and live stable and secure lives. It is important when raising children, to be sure you have dealt with all issues in your own background that could affect your parenting skills and attachment. In some cases, the social worker may feel that an adoptive placement is not in the best interest of the child or family.
What Documents are Required to Adopt in New York?
During the home study process you will be asked to submit a wide range of documents. The documents you submit paint a picture of your resources and strengths. The requested documents are required by the state in which you reside. For families pursuing international adoption, the requested documents are required by USCIS and the country from which you may adopt.
The content of the documents collected will be reflected in your home study document. For example, your home study document will discuss your financial resources; therefore, documentation to confirm your finances will be collected, such as tax returns and a letter from your employer confirming your income.
Families living in New York will need to complete at least two interviews, typically one in the office and one in the home. If you are adopting internationally, you will meet the requirements set by the country where the child is from. For example, New York which requires two visits and China requires four visits, so a family in new York adopting from China will require four visits with a home study worker.
How Long is a Homestudy Good for?
In New York, a home study for a public adoption ( foster care) is valid for one year and a private homestudy is considered valid for two years after which time you will need an update. An update comprises many of the same elements of your original home study, but is an abbreviated process. Each update is valid for one year as well.
While you wait for a child to be placed with your family, many things can change – you may get a new job, move to a new home, receive a new medical diagnosis, or have any other significant change. When any such change occurs, you will need to inform your home study agency and have an addendum made to your home study. This may require additional paperwork and another meeting with your social worker. The addendum focuses on the area or areas of your life that have changed and is not as encompassing as a home study update.
A successful homestudy including passing the background checks results in an official approval for the adoption to move forward.