DIY New York Adoption Forms: Child Adoption Paperwork Online

DIY New York Adoption Forms: Child Adoption Paperwork Online

The decision to adopt a child is one of the most profound and meaningful choices a person can make. It is a journey born of love, hope, and the desire to build a family. Yet, standing between that heartfelt decision and the day you legally welcome a child into your home is a road full of legal procedures and official paperwork. For many prospective parents in New York, this landscape of forms, petitions, and court filings can feel overwhelming, transforming a journey of joy into one of anxiety.

This guide is designed to change that. It serves as a comprehensive roadmap to navigating the child adoption process in New York State, with a special focus on the paperwork you will have to fill out. 

RunSensible Forms’ guided wizard can make this complex journey feel manageable from the very start. If you’re not sure what paperwork you need, just answer a few questions about your legal situation and our legal AI assistant will point you to the right form. 

The Two Main Roads to Adoption: Agency vs. Private Placement

In New York State, every adoption, regardless of the unique circumstances, must follow one of two legally defined pathways: an Agency Adoption or a Private Placement Adoption. This initial choice is the most critical decision you will make after deciding to adopt, as it determines the entire legal and procedural journey ahead, including the level of professional support you will receive, the potential costs, and the specific set of forms the court will require.

Agency Adoptions: A Guided Path

An agency adoption involves a child who is in the legal care of either a state-sanctioned foster care agency or a licensed private adoption agency. These agencies are authorized by the New York State Office of Children and Family Services (OCFS) and play a central role in every step of the process.Foster Care Adoption: This is the most common type of agency adoption, involving children who are in the state’s foster care system. The local Department of Social Services (DSS) or, in New York City, the Administration for Children’s Services (ACS), facilitates these adoptions. The agency is responsible for petitioning the court to terminate the biological parents’ rights, making the child legally free for adoption. A significant advantage is that the city or state often pays for the adoptive parent’s attorney fees, making it a very low-cost or even free path to adoption.Private Agency Adoption: In this scenario, biological parents have voluntarily surrendered their parental rights to a licensed private agency, which then takes on the responsibility of finding a suitable adoptive family. These agencies provide comprehensive services, including matching, counseling, and managing the legal paperwork. Fees for private agency adoptions are typically based on the adoptive family’s income, though few agencies charge fees when a family adopts a child with special needs.In both types of agency adoption, the agency takes the lead. They conduct the required home study, provide mandatory training, work with you to find an appropriate match, and guide you through the court finalization. This structured support system is a key feature of the agency route.

Private Placement Adoptions: A More Direct Route

Any adoption that is not facilitated by an authorized agency is considered a private placement adoption. This pathway is often characterized by a direct arrangement between the child’s biological parents and the prospective adoptive parents. Because there is no agency to manage the process, the adoptive parents must be more proactive in initiating and completing the legal requirements. This is the route most often pursued by those looking to “DIY” their adoption paperwork.

Several common adoption scenarios fall under the private placement umbrella:

• Stepparent Adoption: This is one of the most frequent types of private placement adoption. It occurs when a person seeks to legally adopt their spouse’s child from a previous relationship. The process is often more streamlined, especially if the other biological parent consents to the adoption.Kinship Adoption: This involves a relative, such as a grandparent, aunt, or uncle, adopting a child within the family. This often happens when a parent is unable to care for the child or has passed away, and the family wishes to provide a permanent, stable home outside of the foster care system.Second-Parent Adoption: New York law is inclusive and allows for what is often called a second-parent adoption. This enables a same-sex partner to legally adopt their partner’s biological or adoptive child without terminating the first parent’s legal rights. New York does not discriminate based on marital status or sexual orientation, ensuring all families have a path to legal recognition.International Adoption: When a New York resident adopts a child from another country, it is processed as a private placement adoption within the state’s court system. This involves additional steps, such as filing a Petition for Registration of Foreign Adoption Order (Form 28) to have the foreign decree recognized in New York and to obtain a New York birth certificate.Understanding which of these two main pathways your intended adoption falls into is the essential first step. It clarifies who is responsible for initiating the legal process and which specific set of court forms you will need to begin your journey.

The Foundations of Every Adoption: The Home Study and Certification

Before a New York court will even consider an adoption petition, it must be satisfied that the prospective parents are prepared and able to provide a safe, stable, and nurturing home. This vetting process is a mandatory foundation of every adoption. However, how this approval is achieved differs significantly between agency and private placement adoptions. The “home study” is a term used broadly, but in the context of a private placement, there is a distinct and formal court procedure called “certification” that must be completed first.

The Home Study Explained

A home study is a comprehensive assessment conducted by a licensed social worker or an authorized agency. The term can be intimidating, suggesting a meticulous inspection of your home and lifestyle. In reality, it is more of an educational and preparatory process designed to ensure you are ready for the realities of adoptive parenting and to help the agency or court make an informed decision. While every home study is tailored to the family, it generally includes several key components:

• Documentation and Background Checks: You will need to submit various documents, including financial statements, medical reports for all household members, and personal references. Critically, every adult (18 or older) living in the home must undergo a criminal history background check and a check of the New York State Child Abuse and Maltreatment Register.Interviews: A social worker will conduct a series of interviews with you, your partner (if applicable), and any other members of your household. These conversations cover your personal history, family background, parenting philosophy, and motivations for adopting.Home Visits: The social worker will visit your home at least once to ensure it is a safe and suitable environment for a child. They are not looking for perfection but for basic safety features like smoke detectors and adequate space.Training: Prospective adoptive parents are required to complete training sessions. These classes cover topics essential for adoptive parenting, such as understanding trauma, loss, and attachment, particularly for children coming from the foster care system.In an agency adoption, the agency itself conducts and approves the home study, which typically takes about four months to complete. This approval is the agency’s green light for you to be matched with a child.

Certification as a Qualified Adoptive Parent (Private Placement Adoptions ONLY)

For those pursuing a private placement adoption, the approval process is not an internal agency matter but a formal court proceeding. Before you can legally take physical custody of a child, you must petition the court and be officially certified as a “Qualified Adoptive Parent”. This is a crucial, preliminary legal step that is easily confused with the more general concept of a home study. Failing to complete this certification before a child is placed in your home can create significant legal complications.

The certification process involves filing a specific petition with the Family Court or Surrogate’s Court. The key forms for this are:

• Form 22: Petition (Certification as a Qualified Adoptive Parent): This is the formal application to the court. In it, you provide detailed information about your background, family status, health, and finances, and state your intent to adopt.Form 23: Affidavit and Report (Disinterested Person-Certification Proceeding): The court requires a pre-placement investigation conducted by a “disinterested person”—typically a licensed social worker you hire—who is qualified by training and experience. This person conducts an investigation similar to a home study and submits their findings and recommendation directly to the court using this form.

Once the court reviews the petition and the report from the disinterested person, and after the background checks are cleared, a judge will issue an Order of Certification (Form 24). This order is typically valid for up to 18 months and serves as the court’s official permission for you to accept custody of a child for the purpose of adoption.A Critical Exception: The law provides an important exception for stepparent adoptions. A stepparent who has resided with the stepchild for more than one year before filing the adoption petition is not required to be certified as a qualified adoptive parent. This waiver significantly streamlines the process for many families.

The Legal Heart of Adoption: Understanding Consent and Parental Rights

At its core, adoption is a legal process that permanently transfers all parental rights and responsibilities from a child’s biological parents to the adoptive parents. For this to happen, the biological parents’ rights must be legally and irrevocably ended, making the child “legally free” for adoption. The way this is accomplished depends on whether the adoption is through an agency or a private placement.

Termination of Parental Rights (TPR)

In cases involving children in the foster care system, the process of ending a biological parent’s rights is often involuntary and is called a Termination of Parental Rights (TPR) proceeding. A foster care agency files a petition in Family Court asking a judge to terminate a parent’s rights based on specific legal grounds, such as:

• Permanent Neglect: The parent has failed to maintain contact with the child or plan for their future for at least one year.Abandonment: The parent has had no meaningful contact with the child for at least six months.Severe or Repeated Abuse: There is clear evidence of serious harm to the child.Mental Illness or Incapacity: A parent’s condition prevents them from safely caring for the child.A parent facing a TPR proceeding has the right to a court-appointed attorney if they cannot afford one. The court holds a trial, and if the judge finds that the grounds for termination have been proven by clear and convincing evidence, the parent’s rights are permanently ended.A parent can also voluntarily give up their rights to an agency by signing a “surrender” document. This is a permanent decision that makes the child eligible for adoption.The Power of Consent in Private Placement Adoptions

In private placement adoptions, the mechanism for ending parental rights is “consent.” The biological parent(s) must formally agree to the adoption. New York law provides two distinct ways for this consent to be given, and the difference between them represents a critical trade-off between convenience and legal certainty.

• Judicial Consent: This is when a biological parent appears in court before a judge to sign the consent document. A judicial consent is immediately and irrevocably binding. This means that once the paper is signed in front of the judge, the parent cannot change their mind, unless it can be proven that the consent was obtained through fraud or duress. This path provides the highest degree of legal finality for adoptive parents. The relevant forms are Form 2-F (Judicial Consent) and Form 2-Fa (Judicial Consent of Birth or Legal Parent to Adoption by Step-Parent).Extra-Judicial Consent: This is a consent signed outside of court, such as in a hospital after the child’s birth. The document must be signed before a notary public. While more convenient, this method carries a significant legal caveat: the biological parent has a 45-day period from the day they sign to revoke their consent in writing. This 45-day window introduces a period of profound uncertainty for the adoptive family. If the consent is revoked within this timeframe, it does not automatically mean the child is returned. Instead, it triggers a court hearing where a judge will decide custody based on the “best interests of the child,” a proceeding in which neither the biological parent nor the adoptive parent has a superior legal right. The forms for this method are Form 2-G (Extra-Judicial Consent) and Form 2-Ga (Extra-Judicial Consent…to Adoption by Step-Parent).The Putative Father Registry

To ensure that an unmarried biological father’s rights are protected, New York maintains a Putative Father Registry. A “putative father” is a man who may be the biological father of a child but is not married to the mother. By filing a notice with this registry, a man can ensure he receives legal notice of any proceeding to adopt his child, giving him the opportunity to assert his parental rights. If an adoption petition is filed, the adoptive parents’ attorney (or the adoptive parents themselves in a DIY case) must conduct a search of this registry. This is done by submitting Form OCFS-2725 (NYS OCFS Request/Response for Name and/or address of Father of Child Born Out of Wedlock). The response from the registry is a required part of the adoption filing.

Your DIY Toolkit: A Guide to New York’s Official Adoption Forms

The heart of any DIY adoption is the paperwork. The New York State Unified Court System provides a comprehensive set of official forms for adoption proceedings, which can be filed in either Family Court or Surrogate’s Court. While the complete list is long and can appear daunting, the actual number of forms required for a standard private placement adoption is much more manageable. This section breaks down the essential documents you will need to prepare and file.

The Core Document: The Petition for Adoption

The entire court process begins with the filing of a petition. This is the formal legal document that asks the court to approve the adoption. There are two primary versions:

• Form 1-A, Petition For Adoption (Agency): This is the petition used when a child is being adopted through an authorized agency.
• Form 1-C, Petition for Adoption (Private Placement): This is the petition for all non-agency adoptions, including stepparent, kinship, and direct placement adoptions. As this is the most relevant form for a DIY filer, it requires careful attention. It asks for comprehensive information, including:
• Details of the Adoptive Parents: Names, addresses, ages, marital status, religion, occupation, and income.
• Details of the Adoptive Child: Full name, date and place of birth, religion, and how the child came to live with the adoptive parents. A certified copy of the child’s birth certificate must be attached.
• Details of the Birth Parents: Names, addresses, heritage, and a summary of their medical history.
• Statement of Consents: A declaration that all necessary consents from the biological parents are attached to the petition.

Assembling Your Filing Package: Essential Supporting Documents

Filing for adoption involves much more than just the petition. You must submit a complete package of supporting documents, known as affidavits, consents, agreements, and orders. Each document serves a specific legal purpose, and the court will not proceed until all required paperwork is present and correctly completed. Assembling this package of documents is where details matter most. The AI assistant at RunSensible Forms can help cross-reference your information to ensure every affidavit and schedule is filled out correctly and consistently.

The following table outlines the most critical supporting forms for a private placement adoption, translating their official titles into plain English.

Form Number	Official Title	Purpose in Plain English	Relevant Adoption Type(s)
1-D	Child’s Medical History	Provides the court with the child’s essential health background, as provided by the birth parent(s).	Agency & Private Placement
2-B	Agreement of Adoption (Private Placement)	Your formal, written promise to the court that you will treat the child as your own legal child.	Private Placement
2-D	Consent of Child Over 14 (Private Placement)	If the child is 14 or older, this is their official “yes” to the adoption, signed by them.	Private Placement
2-Fa / 2-Ga	Judicial/Extra-Judicial Consent (Stepparent)	The specific consent forms signed by the non-adopting biological parent for their new spouse to adopt their child.	Stepparent (Private Placement)
6	Order of Investigation	The official court order that kicks off the post-filing investigation by a social worker.	Private Placement
7	Report of Investigation (Private Placement)	The final report from the social worker, submitted to the judge with a recommendation on whether the adoption is in the child’s best interest.	Private Placement
9-B	Affidavit of Financial Disclosure (Private Placement)	A sworn statement detailing any money or value exchanged related to the adoption to ensure the placement was not paid for, which is illegal.	Private Placement
10-B	Supplemental Affidavit (Private Placement)	An update for the court, filed near the end of the process, confirming that no circumstances have changed since you filed the petition.	Private Placement
UCS-836	Attorney’s Affidavit	A standard court system form that registers the case and provides attorney information. If you are self-representing, you would indicate that here.	Agency & Private Placement
DOH-1928	Report of Adoption	The form sent to the Department of Health after the adoption is final to create the new birth certificate for a child born in NYS (outside NYC).	Agency & Private Placement

A Special Focus on Stepparent Adoptions

Stepparent adoptions are the most common type of private placement and often follow a more direct path. If you are adopting your stepchild, your checklist of forms will be a streamlined version of the above. The core documents include:

• Petition for Adoption (Form 1-C)
• Agreement of Adoption (Form 2-B)
• Judicial or Extra-Judicial Consent from the non-custodial biological parent (if their rights are being terminated)
• Judicial or Extra-Judicial Consent from your spouse, the custodial biological parent (Form 2-Fa or 2-Ga)
• Consent of Child Over 14 (Form 2-D), if applicable

As previously noted, the requirement for pre-certification as a qualified adoptive parent is waived if you have lived with the child for over a year. Furthermore, because the child is already living in the home, the court’s investigation is typically less extensive than in other private placements.

 

Finalizing Your Family: The Last Steps in Court

After your petition and all supporting documents have been filed, reviewed, and approved, and the post-placement investigation is complete, the court will schedule the final step in your adoption journey.

The Finalization Hearing

The finalization hearing is the court appearance where a judge makes the adoption official. It is typically a joyous and celebratory occasion, and many families invite friends and relatives to witness the event. The judge will review all the paperwork one last time, may ask you some final questions to confirm your intent, and will ensure that all legal requirements have been met.

The Order of Adoption

At the conclusion of the hearing, the judge will sign the single most important document in the entire process: the Order of Adoption. For private placements, this is Form 13-B (Order of Adoption – Private-placement). This court order is the legal instrument that creates the new, permanent parent-child relationship. It declares that the child is, for all legal purposes, your child, with all the rights, duties, and responsibilities that entails.

A New Beginning (and a New Birth Certificate)

With the signed Order of Adoption in hand, the final piece of administrative work can be completed. The court clerk will certify the Report of Adoption (Form DOH-1928 for children born in NYS outside of NYC, or Form VR-47 for children born within NYC) and send it to the New York State Department of Health. The Department of Health will then issue a new birth certificate for the child, listing the adoptive parents as the child’s parents. The original birth certificate and all court records from the adoption are then sealed to protect the privacy of everyone involved.

Your Journey Forward 

The path to adoption in New York is detailed and requires careful attention to legal procedure. From understanding the fundamental choice between an agency and private placement, to navigating the crucial steps of certification and consent, to assembling the correct package of forms for the court, each stage is a building block toward your ultimate goal. While the process is complex, it is not insurmountable. By breaking it down into these distinct steps and understanding the purpose of each form, you can approach the paperwork with clarity and purpose.

You’ve taken the first step by educating yourself. Now, take the next one with confidence. Visit RunSensible Forms to start your New York adoption paperwork today, and let our guided tools ensure you get every detail right on the path to building your family.

Frequently Asked Questions for DIYing NY Adoption Forms

How long does the adoption process take in New York? 

The timeline can vary significantly based on the type of adoption. A private placement adoption typically takes between 6 to 12 months from filing the petition to the final court order. Agency adoptions can also be lengthy; the home study process alone often takes around four months to complete.   

Do I need a lawyer for a private placement adoption in New York? 

While it is possible to file the paperwork yourself, the process is legally complex. Many people choose to hire a knowledgeable family law attorney to navigate the requirements, especially to ensure that parental consents are handled correctly and all necessary documents are filed properly with the court.   

What is the difference between a “home study” and “certification”? 

A “home study” is a general term for the assessment process where a social worker evaluates your readiness to adopt through interviews, home visits, and background checks. “Certification as a Qualified Adoptive Parent” is a formal court process required for private placement adoptions. It involves filing a specific petition (Form 22) to get a court order that legally permits you to take custody of a child for the purpose of adoption.   

Can a single person adopt a child in New York? 

Yes. New York State law does not discriminate against potential adoptive parents based on their marital status. An unmarried adult is permitted to adopt a child.   

How much does it cost to adopt in New York? 

The costs can vary widely. Adopting a child from the public foster care system is often free or very low-cost, as public agencies do not charge fees and may reimburse legal costs. Private agency fees are often based on the adoptive family’s income. Private placement adoptions typically include costs for an attorney, the court-ordered investigation (home study), and filing fees.   

Does the child have to consent to their own adoption? 

Yes, if the child is 14 years of age or older, their consent is legally required for the adoption to be finalized. This is officially documented using Form 2-D, Consent of Child Over 14 (Private Placement).   

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