How to Adopt an Adult in New York
Reviewed by DocDraft Legal Team · New York · Last updated October 7, 2026
Adult adoption makes one adult the permanent legal parent of another adult, carrying the inheritance and next of kin consequences that follow, and New York lets you bring that petition in either of two courts. Family Court and Surrogate's Court hold concurrent original jurisdiction over every adoption under Domestic Relations Law Article 7, so the forum is your decision rather than the state's (Family Court Act 641). New York attaches no categories to who may be adopted. DRL 110 says an adult unmarried person, an adult married couple together, or any two unmarried adult intimate partners together may adopt another person. Nothing requires the person being adopted to be disabled, to be a former stepchild, or to have lived with you before turning eighteen. New York also sets no age rule at all, neither a minimum gap in years nor any requirement that the adoptee be younger than you. The spousal rules are what people get wrong. If you are married and living with your husband or wife, you cannot petition alone. You adopt together and your spouse becomes a second legal parent, not a consenting bystander. Meanwhile the spouse of the adult being adopted is asked for nothing, because DRL 111 never mentions them. Birth parent consents fall away once the adoptee is over eighteen (DRL 111(4)), though the judge still directs who gets notice (DRL 115(10)). One step catches people out: the DRL 112(7) investigation is not written to stop at adults. Attorney review of your papers is available through DocDraft.
Find out where you stand in New York
Who are you hoping to adopt?
DocDraft provides document preparation, not legal advice.
Which court handles an adult adoption in New York?
Either one you choose. Family Court has original jurisdiction concurrent with the surrogate's courts over adoption proceedings under Domestic Relations Law Article 7 (Family Court Act 641). New York names no single correct forum for an adult adoption, so the petition may be instituted in either court in the proper county.
Who can be adopted as an adult in New York?
Any person. DRL 110 provides that an adult unmarried person, an adult married couple together, or any two unmarried adult intimate partners together may adopt another person. New York sets out no list of qualifying situations, no disability requirement and no prior relationship requirement for the person being adopted.
Does my husband or wife have to join an adult adoption in New York?
Yes, if you are married and living together. DRL 110 permits a solo petition only from an adult unmarried person or from a married person living separate and apart under a separation decree, a written separation agreement, or for at least three years. Otherwise the couple adopts together.
Is there a minimum age difference for an adult adoption in New York?
No. DRL 110 says only that the permitted adopters may adopt another person. New York states no minimum number of years between the two people and does not require the person being adopted to be younger than the person adopting. The full text of DRL 110 contains no age differential.
New York adult adoption at a glance
An adult adoption in New York is a court order creating a permanent legal parent and child relationship between two adults, with all the rights and duties of that relation including inheritance from and through each other (DRL 117). Two things set the New York route apart. First, you pick the court: Family Court and Surrogate's Court share original jurisdiction (Family Court Act 641). Second, the two spouses are treated in opposite ways. A married person living with a spouse cannot petition alone, so that spouse joins and becomes a second legal parent (DRL 110). The spouse of the adult being adopted is asked for nothing at all. New York imposes no categories on who may be adopted and no age differential, but DRL 112(7) still calls for a written investigation report before the order.
Formalising a foster relationship that never ended, in Dutchess County
Nadia is 31, married, and has called the Poughkeepsie couple who took her in at 16 her parents for half her life. New York asks her to fit no category: DRL 110 lets any person be adopted. Because the couple are married and living together, DRL 110 bars either of them from petitioning alone, so both sign on and both become her legal parents. Nadia's own husband is asked for nothing, since DRL 111 never mentions the adoptee's spouse. Her birth parents' consents fall away under DRL 111(4), but the surrogate directs notice to them under DRL 115(10). They file in Dutchess County, sit for the DRL 112(7) investigation, appear for examination, and the order directs her new surname. Attorney review of the petition is available through DocDraft.
Relevant Laws
N.Y. Dom. Rel. Law 110 (who may adopt, and the spousal joinder rule)
Provides that an adult unmarried person, an adult married couple together, or any two unmarried adult intimate partners together may adopt another person, and sets the separate and apart conditions under which a married person may adopt alone and what the adoptee then loses as to the non-adopting spouse.
N.Y. Dom. Rel. Law 111 (whose consent is required)
Lists the required consents, including that of the adoptive child over fourteen, and provides in subdivision 4 that where the adoptive child is over eighteen the consents in paragraphs (b), (c) and (d) are not required. The section does not mention the adoptee's spouse at any point.
N.Y. Fam. Ct. Act 641 (concurrent jurisdiction over adoptions)
Provides that the family court has original jurisdiction concurrent with the surrogate's courts over adoption proceedings under article seven of the domestic relations law. This is the provision that leaves the choice of forum to the people filing rather than to the state.
N.Y. Dom. Rel. Law 112 (petition, and the investigation requirement)
Requires the adoptive parents and the adoptive child over eighteen to present the petition and the agreement, and in subdivision 7 directs the judge to cause an investigation and requires a written report before the order. Subdivision 6's three month residence rule is expressly limited to a child under eighteen.
N.Y. Dom. Rel. Law 117 (effect of adoption on inheritance)
Terminates the adoptee's inheritance and succession from and through the birth parents, establishes the legal relation of parent and child including inheritance from and through each other and the adoptive parent's kindred, and extends that right to the adoptee's distributees.
Regional Variances
New York adult adoption rules at a glance
Who may be adopted
Any person. DRL 110 permits an adult unmarried person, an adult married couple together, or any two unmarried adult intimate partners together to adopt another person. No enumerated categories, no disability predicate and no prior relationship predicate appear in the section.
Age relationship
None. The full text of DRL 110 contains no minimum number of years and no requirement that the person being adopted be younger than the person adopting. The operative words are simply that the permitted adopters may adopt another person.
Consent of the adoptee
Required under DRL 111(1)(a) for an adoptive child over fourteen, subject to the judge's or surrogate's discretion to dispense with it. DRL 112(2) separately makes the adoptive child over eighteen a co-presenter of the petition alongside the adoptive parents.
The adopting person's spouse
Joinder, not consent. A married person living with a spouse is not among the solo petitioners DRL 110 permits, so the couple adopts together and the spouse becomes a second legal parent. Separation by decree, written agreement, or three years apart opens the solo route.
The adoptee's spouse
Nothing is required. DRL 111 sets out the consents and never mentions a spouse, a husband, a wife or marriage anywhere in the section. New York asks the spouse of the person being adopted for no consent, no joinder and no separate notice.
Birth parents
DRL 111(4) removes the paragraph (b), (c) and (d) consents once the adoptive child is over eighteen, and leaves the paragraph (f) consent to the judge's discretion. Under DRL 115(10), where the adoptive child is an adult, notice is served on such persons as the judge or surrogate may direct.
Court and venue
Family Court and Surrogate's Court, concurrently (Family Court Act 641). DRL 115(2) places the proceeding in the county where the adoptive parents reside, or where the adoptive child resides if the adoptive parents live outside the state. No durational residency requirement applies.
Filing fee
TODO(source). Surrogate's Court Procedure Act 2402 sets that court's fee schedule and contains no adoption line item; its residual clause fixes the fee by the value of the subject matter, which an adoption has none of. Confirm with the clerk of the court you choose.
Investigation
DRL 112(7) directs the judge to cause an investigation by a disinterested person or a designated authorized agency, with a written report submitted before the order. It carries no age limit on its face, unlike DRL 112(6), which is expressly confined to a child under eighteen.
Personal appearance
DRL 115(3) requires the adoptive parents, the adoptive child and every person whose consent is required to appear for examination before the judge or surrogate. DRL 115(9) lets the court dispense with an appearance for good cause shown, which must be recited in the order.
Name change
Granted in the adoption order itself. DRL 114 directs that where the court is satisfied there is no reasonable objection, the order shall change the adoptive child's name to the name stated in the agreement of adoption. No separate name change proceeding is needed.
Inheritance
DRL 117 terminates inheritance from and through the birth parents and creates full mutual inheritance with the adoptive parents and their birth and adopted kindred, extending to the adoptee's distributees. Subdivision 1 governs intestacy; subdivision 2 governs wills and lifetime instruments separately.
Statewide forms
None located. A search of the Unified Court System site for adult adoption surfaced no adult adoption petition form and no adult adoption instruction page. The published Family and Surrogate's adoption form sets are built around agency and private placement adoptions of minors.
Suggested Compliance Checklist
Pick your court and confirm what it charges
Before anything else days after startingFamily Court Act 641 gives Family Court and Surrogate's Court concurrent jurisdiction, so you choose. No statewide fee figure is published for an adult adoption, so ask each clerk directly what that court charges and how it calendars the matter.
Settle who signs as petitioner
Before you draft days after startingConfirm against DRL 110 whether you may petition alone. A married person living with a spouse may not; the couple adopts jointly and both become legal parents. If you are separated, check which of the three separate and apart conditions you satisfy.
Draft the agreement of adoption
First document to prepare days after startingDRL 115(4) requires an agreement of adoption executed by the adoptive parent or parents, and DRL 112(2) describes it as an agreement to adopt and treat the adoptive child as their own lawful child. The surname you want ordered should be stated in it.
Draft the petition with the adoptee as co-presenter
With the agreement days after startingDRL 112(2) requires the adoptive parents and the adoptive child over eighteen to present the petition together, with residence, marital status, the manner of the relationship and the new name. New York publishes no statewide adult adoption form, so ask your clerk what that court accepts.
Obtain the adoptee's written consent
Before filing days after startingDRL 111(1)(a) requires the consent of the adoptive child over fourteen unless the judge or surrogate dispenses with it. Nothing is required from that person's spouse. Attorney review of the consent and the petition is available through DocDraft.
File in the correct county
When the papers are signed days after startingDRL 115(2) requires the proceeding to be instituted in the county where the adoptive parents reside, or where the adoptive child resides if the adoptive parents live outside New York. Family Court Act 216-c bars a clerk from refusing to file a petition presented to them.
Sit for the investigation and the examination
Before the order is made days after startingExpect the DRL 112(7) investigation and its written report, which the statute does not limit by age. DRL 115(3) then requires the adoptive parents, the adoptive child and anyone whose consent is required to appear for examination before the judge or surrogate.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Pick your court and confirm what it charges | Family Court Act 641 gives Family Court and Surrogate's Court concurrent jurisdiction, so you choose. No statewide fee figure is published for an adult adoption, so ask each clerk directly what that court charges and how it calendars the matter. | - | Before anything else |
| Settle who signs as petitioner | Confirm against DRL 110 whether you may petition alone. A married person living with a spouse may not; the couple adopts jointly and both become legal parents. If you are separated, check which of the three separate and apart conditions you satisfy. | - | Before you draft |
| Draft the agreement of adoption | DRL 115(4) requires an agreement of adoption executed by the adoptive parent or parents, and DRL 112(2) describes it as an agreement to adopt and treat the adoptive child as their own lawful child. The surname you want ordered should be stated in it. | - | First document to prepare |
| Draft the petition with the adoptee as co-presenter | DRL 112(2) requires the adoptive parents and the adoptive child over eighteen to present the petition together, with residence, marital status, the manner of the relationship and the new name. New York publishes no statewide adult adoption form, so ask your clerk what that court accepts. | - | With the agreement |
| Obtain the adoptee's written consent | DRL 111(1)(a) requires the consent of the adoptive child over fourteen unless the judge or surrogate dispenses with it. Nothing is required from that person's spouse. Attorney review of the consent and the petition is available through DocDraft. | - | Before filing |
| File in the correct county | DRL 115(2) requires the proceeding to be instituted in the county where the adoptive parents reside, or where the adoptive child resides if the adoptive parents live outside New York. Family Court Act 216-c bars a clerk from refusing to file a petition presented to them. | - | When the papers are signed |
| Sit for the investigation and the examination | Expect the DRL 112(7) investigation and its written report, which the statute does not limit by age. DRL 115(3) then requires the adoptive parents, the adoptive child and anyone whose consent is required to appear for examination before the judge or surrogate. | - | Before the order is made |
Frequently Asked Questions
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