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LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 9995
Experience:  Experienced Family Law Attorney
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My husband is looking to adopt my daughter s step daughter.

Customer Question

my husband is looking to adopt my daughter his step daughter. Her father is deceased and I have been married to her step father for 5 yrs. I am looking for information on how to accomplish this. I thought this would be an easy process, but am having trouble finding which forms to file. I live in New York State
Submitted: 1 year ago.
Category: Family Law
Expert:  LegalGems replied 1 year ago.

Thank you for your patience.

Pursuant to NY DRL 111, a deceased parent's certified death certificate may be submitted in lieu of consent: https://www.nycourts.gov/forms/familycourt/pdfs/adop2-ga.pdf

Please see: http://codes.lp.findlaw.com/nycode/DOM/VII/1/111

The petition and the extrajudicial order are located here:

https://www.nycourts.gov/forms/familycourt/pdfs/adop2-ga.pdf

https://www.nycourts.gov/forms/familycourt/pdfs/adop1-c.pdf

https://www.nycourts.gov/forms/familycourt/adoption.shtml - all forms are accessible here.

This details the steps and the process: https://nysccc.org/wp-content/uploads/2008/07/adoptionbasics.pdf

Expert:  LegalGems replied 1 year ago.

Before the child is placed in the home, the court must pre-certify that the prospective adoptive parents are approved to take temporary custody of the child. This means that the court will have a licensed social worker do a home-study and investigate the adoptive parents' home and background to make sure that it is appropriate for a child.

If the court finds that the prospective adoptive parents are able to care and support the child, the court will certify them as qualified adoptive parents for up to 18 months. This pre-certification is not required in stepparent adoptions or in international adoptions where the child is already living with the adoptive parents.

After the adoptive parents are certified and the child is living with them, the adoptive parents will file a petition for adoption. The court will require that child's biological parents are consenting to the child's adoption or that the court has terminated theirparental rights. - this information here: https://www.nycourts.gov/courthelp/family/adoptionTypes.shtml

Please let me know if you have any questions on the above.

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