Legal Issues in Adoption
Adoption is regulated by federal and state laws. The following resources should help you understand the basics about New York adoption laws; while other sections provide information about choosing an attorney, adoption law sources, and adoptive/foster families rights to information about adopted children and wrongful adoption.
More Information and Resources:
Clear Your Name an updated SCR GUIDE | AFFCNY 2022
This is a step-by-step guide *on how to find out if there are records of child abuse, neglect, or maltreatment against you in the New York State Central Register (SCR)
Federal Laws and Legislation on Permanency for Children
Federal Laws and Legislation on Permanency for Children in Foster Care: Permanency, as epitomized by a safe, stable relationship with a nurturing caregiver, allows these basic needs to be met.
Sources for New York Adoption Law Code
Sources for New York Adoption Law Code
Disclosure of Information in Adoption
By law, medical and psychological information about the child and the child's birth parents must be provided to prospective foster parents and upon request to the foster parent if the child is already in foster care. Additionally, when a child leaves foster care, the medical histories must be provided to the child directly and upon request to any adopted former foster child.
Wrongful Adoption Litigation & Practice
Courts have recognized a duty to disclose known material information about a child's health and social background to prospective adoptive families. In the face of a breach of this duty to disclose, courts have held agencies liable and awarded adoptive families monetary damages.
The Basics: Adoption in New York State
The VERY basics of adoption law in in New York State from New York City Cross Borough Collaboration
New York State Bar Association's Adoption in New York
This pamphlet has been prepared to assist you in understanding some of the basic adoption laws and procedures in the State of New York. New York is a progressive and reasonable State in relation to its views and laws on adoption.
Placement of Children With Relatives
In order for states to receive federal payments for foster care and adoption assistance, federal law under title IV-E of the Social Security Act requires that they “consider giving preference to an adult relative over a nonrelated caregiver when determining a placement for a child, provided that the relative caregiver meets all relevant state child protection standards.”
From Foster Parent to Adoptive Parent
Children adopted from foster care bring with them the background and experiences of their birth family and any prior foster care placements which will have to be incorporated into family life. Doing so requires honoring the child's birth heritage and positive memories and building upon them. In this and other respects, parenting adopted children is different than parenting children by birth.
New York State OCFS Policy Directives
Policy Directives are how the Office of Children and Family Services communicate down the local Department of Social Services offices in each county. A selection of recent NYS Office of Children and Families Services policy directives of particular interest to foster and adoptive families.
New York governor signs law allowing unmarried partners to adopt
New York Governor David Paterson signed a bill in 2010 allowing unmarried partners, including LGBTQ+ couples, to jointly adopt a child. The law [A 05652 ] amends the language of Section 110 of New York’s domestic relations law to allow two unmarried adult intimate partners to adopt a child.
The National Center for Adoption Law & Policy
The National Center for Adoption Law & Policy offers a weekly summary of relevant news stories and cases in the areas of adoption and child welfare. This service is available on their website as well as through email.
ASFA; Adoption and Safe Families Act Overview
The primary purpose of the ASFA was to shorter the length of time a child spends in foster care and speed up the process of freeing children for adoption. ASFA places primary importance upon the safety of the child.
ASFA; Adoption and Safe Families Act in New York State
The ASFA affects both agency and private adoption practice in several ways, which are the focus of this chapter. Of perhaps greatest significance to the process is that fingerprinting of prospective adoptive parents is now mandated.