In order to obtain an adult adoption in New York, an individual must file a petition for adoption with the Family Court or Surrogate’s Court, depending on the county. Generally, because it is a legal matter, we do recommend at least consulting an attorney, though there is online DIY assistance, we cannot vet any of the services by experience.   If you do decide to work without an attorney the Clerk can be a helpful guide.

To determine which court the local county favors, we suggest you give a quick call to the county clerk’s office. They can tell you which court you need to file with and also which form. There is usually a filing fee. Once the judge in the Family Court or Surrogate’s Court approves the adoption, a formal court order of adoption will be signed and granted. A birth certificate for the adopted person will be issued and all previous parental ties are severed.

Please be aware that the issuing of the new amended birth certificate CAN become an issue with some adoptees. Post 9-11Homeland Security flags ANY passport application where the birth certificate is issued more than a year past the date of birth.   Make sure that all legal documentation such as Passports and driver’s license are secure and won’t get negatively affected by  any possible name change on the new birth certificate.  It’s also advisable that multiple copies of the legal adoptee decree documenting any name changes are made and accessible for her lifetime should she be required to prove her identity further.

There are a couple of restrictions in New York regarding adult adoptions. If the adopting parent is married,  then the spouse of an adopted parent must consent to the adoption. There is also a residency requirement: the adopting parent must live in New York for at least 3 months prior to the adoption. Finally, if the adoptee’s age is over 14, then the adoptee’s consent is required (no secret adoptions are permitted). Other than that, unlike in many other states in the country, there are no other restrictions to adult adoptions in New York.  ​