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 foster 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.
Source: NYS Office of Children and Family Services Legal Affairs Division