Who May Adopt, Be Adopted, or Place a Child for Adoption - New York

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Who May Adopt

Citation: Dom. Rel. Law § 110

The following persons may adopt:

  • An adult unmarried person
  • An adult married couple together
  • Any two unmarried adult intimate partners together

An adult married person who is legally separated from his or her spouse or an adult married person who has been living separate and apart from his or her spouse for at least 3 years prior to commencing an adoption proceeding may adopt another person. However, the person so adopted shall not be deemed the child or stepchild of the nonadopting spouse for the purposes of inheritance or support rights or obligations or for any other purposes.

An adult or minor married couple together may adopt a child of either of them born in or out of wedlock, and an adult or minor spouse may adopt such a child of the other spouse.

Who May Be Adopted

Citation: Dom. Rel. Law § 110

Any person may be adopted.

Who May Place a Child for Adoption

Citation: Soc. Serv. Law § 374

A child may be placed by any of the following:

  • An authorized agency
  • A parent
  • A legal guardian
  • A relative within the second degree