Placing your baby in New York
While all states are subject to federal law when it comes to adoption, each state is also given the right to mandate additional adoption laws and restrictions. If you live in the state of New York, you are certainly privy to the fact that many legal processes differ dramatically from those in other states.The restrictions New York places on adoption may not follow the national trend. Before choosing to place your child for adoption, it is vital to know what is the commitment to which you are agreeing. Here are four things to know about placing your child for adoption in New York.
1. Birth Fathers Have Very Specific Rights
As with most states, the state of New York has a different allocation of rights for birth fathers. These rights are important to note, especially concerning the issue of consent to an adoption. According to Adoption.com, birth fathers must consent to an adoption if the child was born in wedlock. If a child was born out of wedlock, need for consent is based on the following:
“The father, whether adult or minor, of a child born out-of-wedlock and placed with the adoptive parents more than 6 months after birth, but only if that father has maintained substantial and continuous or repeated contact with the child.
The father, whether adult or minor, of a child born out-of-wedlock and placed with the adoptive parents less than 6 months after birth, but only if the father:
- Openly lived with the child or the child’s mother for a continuous period of 6 months immediately preceding the placement of the child for adoption
- Openly held himself out to be the father of such child during such period
- Paid a fair and reasonable sum, in accordance with his means, for the medical, hospital, and nursing expenses incurred in connection with the mother’s pregnancy or with the birth of the child.”
2. Birth Mothers Are Entitled to Support
Many states have set parameters regarding the financial and emotional support of a birth mother by adoptive parents both during and after her pregnancy. New York law allows birth mothers to receive financial assistance from adoptive parents for housing, medical bills, maternity clothes, transportation, and counseling. However, there are limits to these expenses. According to Adoption.com, “Payment of living expenses shall not extend for 60 days prior to the birth and 30 days after the birth unless the court determines that there are exceptional circumstances.”
3. Adopted Children Over Age 18 Can Access Adoption Records
Even though open adoptions are much more prevalent in today’s adoption proceeding, closed adoptions are still an option that some birth parents choose for various reasons. Regardless of this reasoning, closed adoption does not mean that records are forever sealed or that no information may be released. A child who was adopted may access non-identifying records about their adoption at age 18. According to Adoption.com, this information may include:
- The age of the birth parents at the time of the child’s birth
- The heritage of the parents including nationality, ethnic background, race, and religion
- Education completed by the parents at the time of the child’s birth
- General physical appearance of the parents at the time of the child’s birth, including height, weight, hair color, eye color, skin color, etc.
- The occupation of the parents at the time of the child’s birth
- The health history of the parents up until the time of the child’s birth
- The talents, hobbies, and special interests of the parents at the time of the child’s birth
- The facts and circumstances relating to the adoption
- The existence of known birth siblings
4. Open Adoption Agreements Are Legally Enforceable
One great aspect of open adoption agreements is that some states allow for agreements regarding contact with your child to be legally enforceable. This provides accountability for both birth and adoptive parents as well as guidelines from which an open adoption will operate. Typically, adoptive and birth parents will discuss the type of contact with which they are comfortable and, with the help of their adoption agency or attorney, draft an agreement that is mutually decided upon. However, it is important to note that, in order to become a legally enforceable agreement, the court must feel that the agreement is in the best interest of the child and enter it into the adoption agreement.
Adoption.com notes, “If the court before which the surrender instrument is presented for approval determines that the agreement concerning communication and contact is in the child’s best interests, the court shall approve the agreement. If the court does not approve the agreement, the court may nonetheless approve the surrender–provided, however, that the birth parent or parents executing the surrender instrument shall be given the opportunity at that time to withdraw such instrument”.
