Every aspect of child custody is carefully regulated and adoption is no different. The courts must balance the rights of multiple individuals during this process, from the children to the biological parents. While adoption is a great outcome for many families, the process is rarely simple.
If you are considering adoption, it is vital that you understand the laws of the State of New York before beginning the process. One of the optimal ways to ensure that you comply with state law is by working with a skilled family law attorney. The guidance provided by a Troy adoption lawyer could increase your chances of success.
Although the laws that apply to adoption are fairly open-ended, there are some important limitations that prospective parents should be aware of. An attorney serving the Troy community could advise when these exceptions to the general adoption requirements might be in play.
Legally competent adults have the right to adopt a child in New York. While minors are generally barred from adopting, one exception involves a married person under the age of 18. In a situation where the adult spouse of a person under the age of 18 adopts, the minor spouse must adopt as well. In fact, all married couples are required by law to adopt a child together. This is true for both same-sex and opposite-sex couples. Unmarried couples that live together may also pursue adoption.
While it is not usually possible for only one member of a married couple to adopt a child, there are exceptions for spouses that have separated. Individuals that have either lived apart for three years or are legally separated through a court order could adopt independently of their partner.
Marriage is not a requirement for adoption and single people may also adopt a child. This is true for adults, and, in limited circumstances, it could be true for a person under 18 who is attempting to adopt their minor sibling.
When it comes to adoption in Troy, there are residency requirements to keep in mind. Under the law, a person must reside within the state for at least three months before the court can grant them an adoption. That said, the court retains the power to waive this residency requirement at their discretion. A Troy adoption attorney could lobby the judge to waive the residency requirement as needed.
For many people, the concept of adoption is about families taking in orphaned or abandoned children. While that is often the case, children can be adopted whether they are orphaned or not. In fact, adoption is not limited to minors at all.
In some cases, the biological parents will determine that it is best if someone else raises the child. In those cases, adoption is a possibility if both of the biological parents waive their parental rights. This is true regardless of whether a parent has custodial rights or not. If a parent has already lost their parental rights, consent is not required.
Adoption can be a life-changing moment for a child. While the process can lead to years of happiness, it can also be a stressful and time-consuming task. If you are considering adoption, you have the right to seek the guidance of legal counsel. Call right away for a complimentary consultation to learn how a Troy adoption lawyer from our firm could help.
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