Stepparent Adoption in New York
Reviewed by DocDraft Legal Team - New York - Last updated October 6, 2026
In New York a stepparent adoption is a private-placement adoption, filed in Family Court or Surrogate's Court in the county where you live, usually on Form 1-C, Petition for Adoption (Private-Placement). Under Domestic Relations Law 111(2)(a), the other parent's consent is not required if that parent evinces an intent to forgo parental rights and obligations by failing for six months to visit the child and communicate with the child or the person having legal custody, although able to do so. Ability is presumed, and paying fair and reasonable support counts as substantial communication. The judge or surrogate decides whether that parent gets notice and a chance to be heard (DRL 111(3)(b)). A disinterested person must investigate under DRL 116, and a child over 14 years of age must consent unless the judge or surrogate dispenses with it.
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Can a stepparent adopt in New York without the other parent's consent?
Sometimes. Under DRL 111(2)(a), consent is not needed from a parent who evinces an intent to forgo parental rights and obligations by failing for six months to visit the child and communicate with the child or custodian, although able to do so. Ability is presumed, and fair support counts as communication. The court decides who gets notice.
Which court and which form are used for a stepparent adoption in New York?
Family Court and Surrogate's Court share jurisdiction over adoptions under Family Court Act 641. You file in the county where you, the adoptive parents, live. The standard petition is Form 1-C, Petition for Adoption (Private-Placement), because New York treats any adoption not placed by an agency, including a stepparent adoption, as private-placement.
Is a home study required for a stepparent adoption in New York?
Yes. DRL 116(3) requires the judge or surrogate to have a disinterested person, such as a licensed social worker or the Family Court probation service, investigate and file a written report. A stepparent skips pre-adoption certification under DRL 115-d(8) only if the child has lived with the parent and stepparent continuously for at least one year.
At what age must the child consent to a stepparent adoption in New York?
DRL 111(1)(a) requires the consent of the adoptive child if over fourteen years of age, unless the judge or surrogate in their discretion dispenses with it. Form 1-C notes that the consent of a child over 14 must be attached to the petition. The child normally also appears before the judge.
New York's six-month visit-and-communicate rule, the mandatory investigation, and Form 1-C
Family Court has original jurisdiction concurrent with the Surrogate's Courts over adoptions (Family Court Act 641), and DRL 115(2) sets venue in the county where the adoptive parents reside. Because DRL 109(5) defines a private-placement adoption as any adoption other than a placement by an authorized agency, a stepparent files Form 1-C, Petition for Adoption (Private-Placement), with Form 1-D (medical history). DRL 110 lets a spouse adopt a child of the other spouse born in or out of wedlock. Both parents of a child conceived or born in wedlock must normally consent (DRL 111(1)(b)); the father of a child born out of wedlock must consent only if he meets DRL 111(1)(f), such as paying fair and reasonable support plus monthly visits or regular communication. Consent is not required from a parent who evinces an intent to forgo parental rights and obligations as manifested by failure for a period of six months to visit the child and communicate with the child or person having legal custody, although able to do so (DRL 111(2)(a)). The test uses 'and': the parent must fail both to visit and to communicate. Under DRL 111(6), ability is presumed, insubstantial or infrequent contact does not by itself defeat the finding, and paying a fair and reasonable sum of support counts as substantial communication. The judge or surrogate directs who receives notice and may give that parent an opportunity to be heard (DRL 111(3)(b) and 115(10)). DRL 116(3) requires an investigation by a disinterested person in every case. A child over 14 must consent unless the court dispenses with it (DRL 111(1)(a)).
Relevant Laws
New York Domestic Relations Law 111 (Whose consent required)
Requires consent from a child over 14 unless the judge or surrogate dispenses with it, both parents of a child conceived or born in wedlock, and the mother of a child born out of wedlock, with limits on an unmarried father's consent in 111(1)(f). Subdivision 2(a) and subdivision 6 set the six-month failure to visit and communicate, although able, that excuses a parent's consent.
New York Domestic Relations Law 117 (Effect of adoption)
Relieves the birth parent whose rights end of all parental duties, gives the stepparent and child the full legal relation of parent and child including inheritance, keeps the consenting spouse's rights and duties intact, and preserves some inheritance from the other birth parent's family in a stepparent adoption.
New York Domestic Relations Law 116 (Orders of investigation and order of adoption)
Requires an investigation by a disinterested person in every private-placement adoption, with a written report normally due within 30 days, and sets the three-month waiting period that does not apply when the child has lived with the birth parent and stepparent for more than three months. DRL 115-d(8) separately excuses a stepparent from pre-adoption certification after one year of continuous residence.
New York Courts: Form 1-C, Petition for Adoption (Private-Placement)
The Unified Court System petition for private-placement adoptions, including stepparent adoptions, captioned for Family Court. It lists the persons entitled to notice under DRL 111(3) and 111-a, asks about the Indian Child Welfare Act, requests the child's new name, and notes that a child over 14 must attach a consent.
Regional Variances
New York stepparent adoption requirements
Court
Family Court, which has original jurisdiction concurrent with the Surrogate's Courts over adoptions (Family Court Act 641). Filed in the county where the adoptive parents reside (DRL 115(2)).
Petition form
Form 1-C, Petition for Adoption (Private-Placement), with Form 1-D (medical history). A stepparent adoption is private-placement because DRL 109(5) covers any adoption other than an agency placement. Ask the clerk for any other forms your county uses.
Other parent's consent
Both parents of a child conceived or born in wedlock (DRL 111(1)(b)); the mother of a child born out of wedlock (111(1)(c)); the father of a child born out of wedlock only if he meets 111(1)(f). A consent signed before a judge or surrogate is irrevocable; one signed before a notary becomes irrevocable after 45 days (DRL 115-b).
Proceeding without consent
DRL 111(2)(a): a parent who evinces an intent to forgo parental rights and obligations by failing for six months to visit the child AND communicate with the child or legal custodian, although able to do so. Ability is presumed, insubstantial contact does not by itself defeat the finding, and fair and reasonable support counts as substantial communication (111(6)). Notice and an opportunity to be heard as the judge or surrogate directs (111(3)(b), 115(10)).
Home study
Required. The judge or surrogate orders an investigation by a disinterested person, with a written report filed before the order of adoption (DRL 116(2)-(3)). Pre-adoption certification under DRL 115-d does not apply if the child has lived with the parent and stepparent continuously for at least one year (115-d(8)).
Residency or waiting period
No minimum marriage length. For a child under 18, the three-month wait after filing does not apply when the child has lived with the birth parent and stepparent for more than three months, and the court may shorten it for good cause (DRL 116(1)).
Child's consent age
Over fourteen years of age, unless the judge or surrogate in their discretion dispenses with the consent (DRL 111(1)(a)).
Notice to unmarried fathers
Persons listed in DRL 111-a(2), such as a man named on the birth certificate or one who filed with the putative father registry, get notice at least 20 days before the proceeding so they can present evidence on the child's best interests (111-a(3)-(4)).
Suggested Compliance Checklist
Identify whose consent is required and the route without it
Before filing days after startingList your spouse, the other parent under DRL 111(1)(b), (c) or (f), and the child if over 14. For a parent who will not sign, check whether DRL 111(2)(a) fits: for six months, although able, the parent failed to visit the child and communicate with the child or custodian, evincing an intent to forgo parental rights. Note that paying fair support counts as communication, and plan for notice as the court directs.
Collect the signed consents
Before filing days after startingHave each consenting parent sign before a judge or surrogate, which makes the consent irrevocable, or before a notary, which starts a 45-day revocation window (DRL 115-b). Have a child over 14 sign a consent to attach to the petition.
File Form 1-C and its attachments
At filing days after startingFile the verified Form 1-C with Form 1-D, a certified birth certificate, and the consents in Family Court or Surrogate's Court in the county where you live, listing everyone entitled to notice under DRL 111(3) and 111-a.
Serve notice and cooperate with the investigation
After filing days after startingServe the persons the court directs, giving DRL 111-a notice at least 20 days before the proceeding. Make your home and records available to the disinterested investigator under DRL 116(3).
Confirm the child's new name and update records
After the order of adoption days after startingForm 1-C asks for the child's new name, and DRL 114(1) lets the order of adoption direct it, so no separate case is needed. The new birth certificate follows under Public Health Law 4138. A separate name change petition is needed only for a name change outside the adoption.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Identify whose consent is required and the route without it | List your spouse, the other parent under DRL 111(1)(b), (c) or (f), and the child if over 14. For a parent who will not sign, check whether DRL 111(2)(a) fits: for six months, although able, the parent failed to visit the child and communicate with the child or custodian, evincing an intent to forgo parental rights. Note that paying fair support counts as communication, and plan for notice as the court directs. | - | Before filing |
| Collect the signed consents | Have each consenting parent sign before a judge or surrogate, which makes the consent irrevocable, or before a notary, which starts a 45-day revocation window (DRL 115-b). Have a child over 14 sign a consent to attach to the petition. | - | Before filing |
| File Form 1-C and its attachments | File the verified Form 1-C with Form 1-D, a certified birth certificate, and the consents in Family Court or Surrogate's Court in the county where you live, listing everyone entitled to notice under DRL 111(3) and 111-a. | - | At filing |
| Serve notice and cooperate with the investigation | Serve the persons the court directs, giving DRL 111-a notice at least 20 days before the proceeding. Make your home and records available to the disinterested investigator under DRL 116(3). | - | After filing |
| Confirm the child's new name and update records | Form 1-C asks for the child's new name, and DRL 114(1) lets the order of adoption direct it, so no separate case is needed. The new birth certificate follows under Public Health Law 4138. A separate name change petition is needed only for a name change outside the adoption. | name-change-petition | After the order of adoption |
Frequently Asked Questions
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